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NORTH CAROLINA 




RECEIVED 
APJ^ 5 1999 



KATHftir4E R. EVERETT 
i AW LIBRARY 



VOLUME 13 • ISSUE 19 • Pages 1600 - 1713 



W 




V 



AprU 1,1999 
IN THIS ISSUE 

Executive Order 
Voting Rights Letter 

Administration ' ' **^ 

Community Colleges 
Cosmetic Art Examiners 
Environment and Natural Resources 
Foresters, Board of Registration for , 
Health and Human Services :-^Y ^ ^ /.- '.■ 
Justice 
Labor 

Public Education ..^: 
'^ Rules Review Comiriission 
Contested Case Decisions 



k& 



i^" I i : 




PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given 
agency can address, but are not inclusive. 



.^-'C 



Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc 

Office of Administrative Hearings 

Rules Division y%%JF J% .Jl, J~J J?^ 

Capehart-Crocker House ! \ > _.,.,,---«--««''<919n33-2678X.^v< 



^,,..,«-»r:i;!:::;:il1^?'^) 



424 North Blount Street , 

Raleigh, North Carolina 27601-281 7 

contact: Molly Masich, Director APA Services 
/^ / RiibvCreectC t'ublications Coordinator 




■^ / 1 



(919) 733-3462 JAX 

mmasich@oah.state.nc, 
rcreech@oah.state.nc.us 



// 



w 



Fiscal Notes & Economic Analysis 

ii Office of State Budget and Management 

///ll6 West Jones Street 

U /Raleigh, North Carolina 27603-8005 

ill ^' 

1 1 I contact: S^arrenPlonk, Economist III 



\\\ 



W 



^ Rule Review and Legal Issues 

\ \ Rules Review Commission 
i \ 1307 Glenwood Ave., Suite 159 



II 



<!- « 



Raleigh, North Carolina 27605 

/contact: ,Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 





(919)733-7061 
(919) 733-0640 FAX 

wplonk@osbm.statejic.us 

l| ifc Ij 4^ I 



(919)733-2721 
19) 733-9415 FAX 



»W»«Wff««W«!;>'*m«^^ 



Legislative Process Concerning Rule-making 

Joint Legislative Administrative Procedure Oversight Committee 
545 Legislative Office Building>^ ^^ k\ 
300 North Salisbury Street ^'"^^--.^ * (919)733-2578" 

Raleigh, North Carolina 27611 *_|r^ "^"^'^~"ZZ(919) 715-5460 FA 

"■'■'■''" ' **^ " ^ ^maiy's@ms.ncga.state.nc.iSi , 



contact: MaryShuping, Staff Liaison 






County and Municipality Governmifeiit Questidiiis or Notification 

NC Association of County Commissioners 

2 1 5 North Dawson Street (9 1 9) 7 1 5-2893 

Raleigh, North Carolina 27603 



contact: Jim Blackburn or Rebecca Troutman 

NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 




Volume 13, Issue 19 
Pages 1600 - 1713 



April 1, 1999 



This issue contains documents officially filed 
through March 11. 1999. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann 111, Director 

Camille Winston, Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 

Linda Dupree, Editorial Assistant 

Jessica Flowers, Editorial Assistant 



I. EXECUTIVE ORDERS 

Executive Order 145 1600 - 1601 

II. IN ADDITION 

ENR - Intent to Redevelop a Brownfields 

Property 1602 

Labor - Verbatim Adoptions of Federal 

Standards 1604 

Public Education 1605 

Voting Rights Letter 1603 

in. RULE-MAKING PROCEEDINGS 
Administration 

Council for Women, North Carolina 1606 

Community Colleges 

Community Colleges 1609 - 1610 

Environment and Natural Resources 

Environmental Management 1606 - 1609 

Wildlife Resources and Water Safety 1609 

TV. PROPOSED RULES 

Environment and Natural Resources 

Sedimentation Control Commission 1651 - 1652 

Health Services and Human Services 

Social Services 1611 

Justice 

Criminal Justice Education and 

Training Standards Commission 161 1 - 1637 

Sheriffs' Education and Training 

Standards Commission 1637-1651 

Licensing Boards 

Cosmetic Art Examiners 1652 - 1665 

V. TEMPORARY RULES 

Environment and Natural Resources 

Marine Fisheries Commission 1666 

Wildlife Resources Commission 1666 - 1698 

Licensing Boards 
Foresters, Board of Registration for 1695 - 1698 

VI. RULES REVIEW COMMISSION 1699-1701 

VII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1702-1713 

VIII. CUMULATIVE INDEX 1-84 



.\'orth Carolina Register is published semi-nionthl\ for $195 per year by the Office of Administrative Hearings. 424 North Blount Street. Raleigh. NC 
27601. (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh. NC, POSTM,'\STER Send Address changes to the Sorih Carolina Register. 
PO Drawer 27447. Raleish. NC 2761 1-7447 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and chapters, 
are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive 
branch of government has been assigned a title number. Titles are further broken down into chapters which shall be 
numerical in order. The other two, subchapters and sections are optional subdivisions to be used by agencies when 
appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


10 


Health and Human Services 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safety 


Electrolysis 


19 


15A 


Environment and Natural Resources 


Foresters 


20 


16 


Public Education 


Geologists 


21 


17 


Re\enue 


Hearing Aid Dealers and Fitters 


->-) 


18 


Secretarv of State 


Landscape Architects 


26 


19A 


Transportation 


Landscape Contractors 


28 


20 


Treasurer 


Marital and Family Therapy 


31 


*21 


Occupational Licensing Boards 


Medical Examiners 


32 


22 


Administrative Procedures (Repealed) 


Midwiferv Joint Committee 


33 


23 


Community Colleges 


Mortuarv Science 


34 


24 


Independent Agencies 


Nursing 


36 


25 


State Personnel 


Nursing Home Administrators 


37 


26 


Administrative Hearings 


Occupational Therapists 


38 


27 


NC State Bar 


Opticians 


40 






Optometrv 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatrv Examiners 


52 






Professional Counselors 


53 






Psvchology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinar\ Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 






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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 145 

GOVERNOR'S COMMISSION ON DOMESTIC 
VIOLENCE 

WHEREAS, all North Carolinians deserve to live free from 
fear and harm arising out of domestic violence; and, 

WHEREAS, domestic violence is an issue that threatens the 
safetv' of thousands of North Carolinians and is one of the most 
important problems facing our state; and, 

WHEREAS, domestic violence deeply and dramatically 
affects children, victims, perpetrators, families, and 
communities, and often causes severe physical, emotional, and 
economic distress; and. 



Attorney; a specialist in civil rights or a member of the North 
Carolina Academy of Trial Lawyers; a legal services 
representative; a representative from a United States Attorney's 
office located in North Carolina; a representative from the 
cultural and linguistic minority communities; a representative 
from the medical community; a representative from the North 
Carolina Coalition Against Domestic Violence; a representative 
from the business community; two members each from the 
North Carolina House of Representatives and North Carolina 
Senate; and four representatives from victim service programs 
eligible for ftinding by the Governor's Crime Commission or the 
North Carolina Council for Women , one program of which shall 
provide batterers' intervention services. 

The Governor may also appoint non-voting ex officio 
members of the Commission as necessary. 



WHEREAS, victims should receive protection and assistance 
and batterers should be held accountable tn North Carolina; and, 

WHEREAS, this administration has taken important steps to 
stop the cycle of domestic violence by expanding victims' 
services, boosting the criminal justice response, increasing 
batterers' accountabilitv, and supporting rights for domestic 
violence victims under victims' rights legislation; and, 

WHEREAS, a response to and prevention of domestic 
violence must be comprehensive and should involve agencies, 
organizations, individuals and groups at the state and local level; 
and, 

WHEREAS, this adminisfration is committed to developing 
such a comprehensive, statewide response to domestic violence. 

NOW, THEREFORE, by the power vested in me as Governor 
by the laws and Constitution of North Carolina, IT IS 
ORDERED: 

Section 1. Governor's Coinmission on Domestic Violence 
Established 

The Governor's Commission on Domestic Violence is hereby 
established. The Commission shall be located in the Department 
of Administration for organizational, budgetary, and 
administtative purposes. 

The Commission shall consist of 28 members and shall reflect 
the geographic and cultural diversity of the state. The 
membership shall include: a representative of the law 
enforcement community with specialized knowledge in domestic 
violence; a representative of the Institute of Government; the 
Secretaries for the Departments of Crime Control and Public 
Safety, Health and Human Services, Correction, and 
Administration or their designees; the Superintendent of Public 
Instruction; the Director of the Office of State Personnel; the 
Executive Director of the North Carolina Council for Women; 
a representative of the Governor's Crime Commission; a 
representative of the Administrative Office of the Courts or a 
member of the judiciary; a citizen representative; a District 



Section 'L Chair, Vice Chair, and Honorary Co-Chairs 
The Governor shall appoint a Chair from the membership of 
the Commission, and may name such honorary co-chairs as he 
may deem desirable. The Commission shall elect from among 
its members a Vice Chair and other officers as are determined 
necessary. 

Section 3^ Duties and Responsibilities 

The Commission shall study, analyze, and provide information 
to the Governor on North Carolina's response to and prevention 
of domestic violence on an on-going basis and make legislative 
and administrative recommendations so that victim safety and 
offender accountability are promoted by : 

a. Developing a strategic plan to prevent and respond to 
domestic violence in North Carolina; 

b. Overseeing and assisting in the development of ttaining 
initiatives across a multitude of systems including but not 
limited to: criminal justice, health care, education, 
government, and private sector employers; 

c. Assessing statewide needs and assuring that necessary 
services, policies and programs are in place; 

d. Promoting public education and awareness; 

e. Researching and developing information on best practices 
in domestic violence programs and promoting their 
adoption statewide; 

f Providing or coordinating the provision of training, 
materials and assistance in policy development to all state 
agencies; 
g. Working towards the passage and promotion of all 
recommendations outlined in the final report by the 
Governor's Task Force on Domestic Violence; and, 
h. Addressing other related issues assigned to it by the 

Governor. 
Specifically, within the first six months of operation, the 
Commission will assist in developing plans for each of the 26 
counties in North Carolina currently having no in county 
domestic violence service provider In addition, within the first 
year of operation, the Commission should stud\ and make 
recommendations to the legislature regarding sentences practices 
for domestic violence offenders; study and determine how to 
implement a pro-arrest policy stateuide: strengthen the 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1600 



EXECUTIVE ORDERS 



accountability of batterers' intervention programs; encourage 
uniform crime reporting in North Carolina; and design and begin 
to implement a public awareness campaign on domestic 
violence. The Commission will work with the Office of State 
Personnel to strengthen the State's current policy on workplace 
violence by incorporating domestic violence issues into training 
and policies with a goal of eliminating the harmful effects of 
domestic violence from the state workplace. 



Members of the Commission shall serve without 
compensation but, subject to availability of funds, shall be 
eligible for per diem, travel, and subsistence as provided by 
North Carolina rules, regulations, and General Statutes. 

Section 7. Reporting Requirements 

The Commission shall submit an annual report including 
administrative and legislative recommendations to the Governor. 



Section 4. Commission Meetings 

The Commission shall meet at least 6 times per year. 
Meetings shall be conducted in compliance with the North 
Carolina Open Meetings Law. 



Section 8. Staff Support 

The Governor shall appoint an Executive Director who shall 
provide staff for the Commission through funds administered by 
the Department of Administration. 



Section 5. Public Hearings 

The Commission is authorized to hold public hearings on the 
specific issues under consideration by it. to visit facilities and 
agencies related to or involved in the specific issues under its 
consideration, and to receive input from citizens about these 
issues. 



Section 9. Effective Date 

This order is effective immediately and shall remain in effect 
until rescinded by the Governor. 

Done in the Capital City of Raleigh, North Carolina, this the 
25* day of February, 1999. 



Section 6. Per Diem, Travel and Subsistence 






1601 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



IN ADDITION 



) 



This Section contains public notices that are required to he published in the Register or ha\'e been approved by the Codifier of Rules 
for publication. 



» 



This notice is published in the Register pursuant to G.S. 130A-3 10.34. 

SUMMARY OF NOTICE 
OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY 

FOOD LION, INC. 

Pursuant to N.C.G.S. 130A-3 10.34, Food Lion, Inc. has filed with the North Carolina Department of Environment and Natural 
Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Propert\' ("Propert\") in Winston Salem, North Carolina. The 
Property consists of a 4.37 acre tract bounded by Waughtown Street to the north, Sprague Street to the south, parcels owned by 
Prodigals Community, Inc. and GLG Corp., respectively, to the east, and Thomasville Road to the west. Groundwater contamination 
has been discovered on portions of the Property. Food Lion is committed to constructing and operating a retail grocery store on the 
Property to serve the neighborhood and surrounding areas. Exhibits A, B, C and D to the Notice of Intent to Redevelop a Brownfields 
Propertv' constitute, respectively, a legal description of the Propertv'; a map showing the location of the Property and describing the 
contaminants involved and their concentrations in the media of the Property; the proposed Brownfields Agreement between DENR 
and Food Lion which addresses investigation and remediation of the Property': and a proposed Notice of Brownfields Property. 
Written public comments may be submitted to DENR within 60 days of the date of this Notice. Written requests for a public meeting 
may be submitted to DENR within 30 days of the date of this Notice. All such comments and requests, and/or requests to view the 
full Notice of Intent, should be addressed as follows: 

Mr. Bruce Nicholson 

Head, Special Remediation Branch 

Superfund Section 

Division of Waste Management 

NC Department of Environment and Natural Resources 

401 Oberlin Road, Suite 150 

Raleigh, North Carolina 27605 



13:19 NORTH CAROLINA REGISTER April J, 1999 1602 



I\ADDIT/Oj\ 



I 



U.S. Department of Justice 
Civil Rights Division 



EJ:GS:TGL:par Voting Section 

DJ 166-012-3 PO. Box 66128 

98-4052 Washington. D.C 20035-6128 



February 22, 1999 

Susan K. Nichols. Esq. 
Special Deputy Attorney 
P.O. Bo.x 629 
Raleigh. NC 27602-0629. 

Dear Ms. Nichols: 

This refers to the requirement that the State Board of Elections adopt regulations to facilitate the rotation of candidates' 
names on primary election ballots in the State of North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Voting Rights Act, 42 U.S.C. 1973c. We received your submission on December 22, 1998. 

The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of 
the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 5 1 .4 1 and 5 1 .43 ). 

Since the court in Sutherland v. Hunt . No. I:97cv01223 (M.D.N.C. Nov. 12, 1998) required this change to be submitted 
to the Attorney General under Section 5. we are providing a copy of this letter to the court and counsel of record in that case. 

The submitted change is enabling in nature. The regulations which the court has required the State Board of Elections to 
adopt will require submission to the Attorney General under Section 5, as the court has noted. See 28 C.F.R. 51.15 

Sincerely, 

Elizabeth Johnson 
Chief, Voting Section 



1603 NORTH CAROLINA REGISTER April I, 1999 13:19 



IN ADDITION 



NORTH CAROLINA DEPARTMENT OF LABOR 
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH 



NOTICE OF VERBATIM ADOPTIONS 
OF FEDERAL STANDARDS 

The following is a summan of federal OSHA standards recently adopted verbatim by the Occupational Safety and 
Health Division of the N.C. Department of Labor (OSHNC). The details related to each subject are contained in the 
cited Federal Registers (FR). The effective date of the associated NC Administrative Code rules changes is February 
22, 1999: 

(1) Powered Industrial Truck Operator Training— (93 FR 66238 et. seq., 12/1/98): OSHA revised requirements 
for powered industrial truck operator training codified at 29 CFR 1910.178(1), and issued new requirements to 
improve the training of these operators. This new standard applies to General Industry (29 CFR 1910), 
Construction (29 CFR 1926), Shipyards (29 CFR 1915), and Marine Terminals (29 CFR 1917). 
Compliance Date: December 1, 1999. 

(2) Permit-Required Confined Spaces-(63 FR 66018 et. seq., I2/I/98; 64 FR 204): Amends 29 CFR 1910.146 
to enhance employee participation in the employer's confined space permit program, increase employee 
involvement in atmospheric testing and monitoring, and enhance the timely rescue of incapacitated permit space 
entrants. The amended standard applies to General Industry. 

Compliance Date: August 1. 1999. 

(3) Collection of Information-OMB Approval (63 FR 53103. 10/2/98) : The approval is associated with the 
Respirator)' Protection (29 CFR 1910.134) standard's paperwork requirements. 



For additional information regarding these adoptions please contact: 

Peggy D. Morris 

Division of Occupational Safety and Health 

4 West Edenton Street 

Raleigh, NC 27601-1092 

(919)807-2878 



13:19 NORTH CAROLINA REGISTER April 1,1999 1604 



I.\ADDinO\ 



TITLE 16 - PUBLIC EDUCATION 

The State Board of Education has decided that because the hearing scheduled for April 2. 1999 falls on Good Friday, a 
State holiday, it will extend the date of the hearing to Monday, April 5, 1999 beginning at 9:00 a.m. 

(See 13:18 NCR 1503) 



I 



1605 NORTH CAROLINA REGISTER April I, 1999 13:19 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a 
rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under 
the section heading of Temporaiy Rules. .4 Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 
150B-2I.2. 



TITLE 1 - DEPARTMENT OF ADMINISTRATION 

CHAPTER 17 - COUNCIL ON THE STATUS OF 
WOMEN 



TITLE 15A - DEPARTMENT OF 
ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



TV Totice of Rule-making Proceedings is hereby given by the 
1 1 Department of Administration, North Carolina Council 
for Women in accordance with G.S. 1 50B-21.2. The agency 
shall subsequently publish in the Re sister the text of the rule(s) 
it proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: / 

NCAC 17 - Other rules may be proposed in the course of the 
rule-making process. 

Authority for the rule-making: G.S50B-3(a)(12): 143B-10. 

Statement of the Subject Matter: The Department of 
Administration is required to approve all abuser treatment 
programs to which district court judges refer parties 
responsible for acts of domestic violence under G.S. 50B -3 
(a)(12). This rule-making proceeding would establish an 
approval and review process, including those guidelines that 
abuser treatment programs must meet in order for them to 
receive and retain approval from the department. 

Reason for Proposed Action: After the enactment of S.L. 
1995, c. 527. the Secretary of Administration delegated the 
responsibility for approval of abuser treatment programs 
required by the amendment to G.S. 50B-3(a) to the N.C. 
Council for Women. After implementing the provision for tM'o 
years by reviewing abuser treatment programs and discussing 
the necessaiy components for a program to be effective, the 
Council for Women feels that explicit rules are required to 
fully inform all programs of the Council's guidelines in order 
for receiving and then retaining approval from the department 
for the purposes of the statute. 

Comment Procedures: Any person interested in making 
written comments to this Notice of Rule-making Proceedings 
should submit such comments to R. Glen Peterson, General 
Counsel, N.C. Department of Administration. 116 West Jones 
Street. Raleigh. North Carolina 27603-8003: (919) 733-7232: 
fax (919) 733-9571: e-mail: 
glen petersomwmail.doa. state. nc. us. 



SUBCHAPTER 2B - SURFACE WATER 
AND WETLAND STANDARDS 

A Totice of Rule-making Proceedings is hereby given by the 
± V DENR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Resister the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NC.4C 2B .0225 and .0310 - Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 143-214.1: 143-215.1: 
143-215. 3(a)(1) 

Statement of the Subject Matter: The Environmental 
Management Commission (EMC) is proposing to reclassify 
Lake Waccamaw in Columbus County (Lumber River Basin) 
to include the Outstanding Resource Waters (ORW) 
supplemental classification. Lake WaccamoM' is proposed for 
reclassification from Class B ( Primary Recreation) Sw 
(Swamp) to Class B Sw ORW. The EMC is also proposing to 
apply the ORW management strateg}' requirements to all 
waters tributaiy to Lake Waccamaw. 

Reason for Proposed Action: The Division of Water 
Resources and the Department of Parks and Recreation 
Natural Heritage Program have requested that Lake 
WaccamoM' be reclassified to include the supplemental ORW 
classification. In order to be classified as ORW. a water body 
must be of exceptional state or national recreational or 
ecological significance and the waters must have exceptional 
water quality'. In addition, the waters must also exhibit one or 
more of the following resource values or uses: 

(1) there are outstanding fish (or commercially important 
aquatic species) habitat and fisheries: 

(2) there is an unusually high level of water-based recreation 
or the potential for such recreation: 

(3) the waters have already received some special designation 
such as a North Carolina or National Wild and Scenic River, 
Native or Special Native Trout Waters, National Wildlife 
Refuge, etc. which do not provide any water quality 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1606 



RULE-MAKING PROCEEDINGS 



protection: 

(4) the waters represent an important component of a state or 
national park or forest: or 

(5) the waters are of special ecological or scientific 
significance such as habitat for rare or endangered species or 
as areas for research and education. 

Water quality analyses show that Lake Waccamaw has 
excellent water quality. Lake Waccamaw exhibits all five of the 
outstanding resource values: It is one of only two Bay Lakes in 
North Carolina known to support endemic fish and 
invertebrates. In the Waccamaw River drainage there are five 
fish species which currently have either federal or state 
protection: Lake Waccama\\' is heavily utilized for a variety of 
water-based recreation, including fishing, boating and 
swimming: Lake Waccamaw is on the Registiy of Natural 
Heritage Areas and is considered of National Significance by 
the NC Natural Heritage Program: Lake Waccamaw is owned 
by the State of North Carolina and administered by the 
Division of Parks and Recreation: and Lake Waccamaw is of 
national significance in regard to its fish and highly diverse 
mollusc fauna, including many endemic species. 

Special protection measures that apply to North Carolina 
ORWs are set forth in 15A NCAC 2B .0225. At a minimum, no 
new wastewater discharges or expansions to existing 
discharges are permitted, and stormwater controls for most 
new development are required. In addition to applying the 
ORW requirements to Lake Waccamaw, it is proposed that 
these special protection measures also apply to the upstream 
waters which drain to Lake Waccamaw in order to protect the 
excellent water quality and outstanding resource values found 
in the lake. 

Elevated mercury levels ha\'e been detected in fish tissue 
throughout the Lumber River Basin, though neither a source 
for the merctoy contarnination, nor a clear boundaiy for it has 
been established. In 1993. fish consumption advisories for 
largemouth bass and bowfin were issued for Big Creek, which 
fiows into Lake Waccama\y, at^d the Waccamaw River They 
did not apply to Lake Waccamaw. where mean mercury 
readings in largemouth bass were below the FDA action level. 
Additional sampling in the Lumber River Basin found a 
number of occurrences offish havirig mean mercury levels 
approaching or exceeding the FD.4 action level and, in 1993, 
a fish consumption advisory was issued for the entire Lumber 
River Basin. The advisory recommends that the general 
population consume no more than two meals of the fish per 
month and child-hearing women and children consume no 
largemouth bass or bowfin taken from this area. In June of 
1997, a statewide consumption advisor}' on bowfin was issued. 

Lake Waccamcnv provides a unique and sensitive habitat for a 
diverse community of aquatic plants and fauna, including 
several species offish and molluscs that are threatened or of 
special concern. Lake Waccamaw is a demonstrated 
outstanding resource with its excellent water quality and 
resource values, particularly its special ecological 



significance as critical habitat for the federally listed 
threatened Waccamaw silverside. 

Comment Procedures: 77?^ purpose of this announcement is 
to encourage those interested in this proposal to provide 
written comments. It is very important that all interested and 
potentially affected persons or parties make their views known 
to the Environmental Management Commission whether in 
favor or opposed to any and all provisions of the proposal 
being noticed. Written cotmnents, data, or other information 
relevant to this proposal may be submitted to: Liz Kovasckitz, 
DENR/Division of Water Quality. Planning Branch, P. O. Box 
29535, Raleigh. NC 27626-0535. (919) 733-5083. extension 
572. 

*********************** 

A Totice of Rule-making Proceedings is hereby given by the 

J. V DENR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Resister the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B ,0306 - Other rules may be proposed in the 
course of the rule-making process. 

Autlwrity for the rule-making: G.S 143-214.1: 143-215.1: 
143-2l5.3(aHl) 

Statement of the Subject Matter: The Environmental 
Management Commission (EMC) is proposing to reclassifi 
Lake Montonia and its tributaries from Class B. (Primary 
Recreation) to Class B HQW (High Quality Waters). 

Reason for Proposed Action: The Lake Montonia Board has 
submitted a request for the reclassification of Lake Montonia 
in Cleveland and Gaston Counties to include the High Quality 
Waters designation. The criteria for designation to High 
Quality Waters, as defined in 15A NCAC 2B .0201. includes 
those waters which are rated as excellent based on biological 
and physical/chemical characteristics though Division 
monitoring or special studies, native and special native trout 
waters designated by the Wildlife Resources Commission, 
primary nurseiy areas designated by the Marine Fisheries 
Commission and other functional nursery areas designated by 
the Wildlife Resources Commission, critical habitat areas 
designated by the Wildlife Resources Commission or the 
Department of .Agriculture, all water supply watersheds which 
are either classified as WS-I or WS-II or those for which a 
formal petition for reclassification as WS-I or WS-II has been 
received from the appropriate local government and accepted 
by the Division of Water Quality, and all Class SA M'aters. 
Water quality studies show that Lake Montonia qualifies for 
HOW designation. Lake Montonia arid its tributaries are 
proposed for reclassification from Class B to Class B HQW. 



1607 



NORTH CAROLINA REGISTER 



April 7, 1999 



13:19 



RULE-MAKING PROCEEDINGS 



New and expanding wasteM'aler dischargers to High Quality- 
Waters ha\'e additional treatment requirements. There are 
currently no dischargers to Lake Montonia or its tributaries. 
Projects which require a Sedimentation and Erosion Control 
Plan and which drain to and are within one mile ofHOWs will 
have more stringent land use development criteria as defined 
in 15A NCAC 2H .1006. Under a low density' option, 
development would be permitted at one dwelling unit per acre, 
or 12% built upon area, and thirty foot stream buffers would 
be required. The HQW high density option, which requires 
the use of stormwater controls, does not specify an upper limit 
on development density, nor does it require the use of stream 
buffers. 

Comment Procedures: The purpose of this announcement is 
to ettcourage those interested in this proposal to provide 
written comments. It is veiy important that all interested and 
potentially affected persons or parties make their vieMs known 
to the Environmental Management Commission whether in 
favor or opposed to any and all provisions of the proposal 
being noticed. IVritten comments, data, or other information 
relevant to this proposal may be submitted to: Li: Kovasckitz. 
DEN R Division of Water Quality. Planning Branch. P.O. Box 
29535. Raleigh. NC 2762~6-0535. (919) '33-5083. extension 
5-2. 



'ft'kir'k'k'kit'Tt'k'k'rricit-k 



w X X >f X 



\Totice of Rule-making Proceedings is hereby given by the 
1 V DEXR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rulels) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B .0317 - Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 143-214.1 : 143-215.1 : 
143-2 15. 3(a)(1) 

Statement of the Subject Matter: The Environmental 
Management Commissicm (EMC) is proposing to reclassify 
Lake Phelps in Washington and Tyrell Counties (Pasquotank 
River Basin) from Class C Sw (Swamp) to class B (Primaiy 
Recreation) Sw ORW. 

Reason for Proposed Action: The Department of Parks and 
Recreation's Natural Heritage Program requested that Lake 
Phelps be reclassified to include the supplemental ORW 
classification. In order to be classified as ORW. a Mater body- 
must be of exceptional state or national recreational or 
ecological significance and the waters must have exceptional 
water quality-. In addition, the waters must also exhibit one or 
more of the following resource values or uses: (1) there are 
outstanding fish (or commercially important aquatic species) 



habitat and fisheries: (2) there is an unusually high level of 
water-based recreation or the potential for such recreation; 
(3) the waters have already received some special designation 
such as a North Carolina or National Wild and Scenic River, 
Native or Special Native Trout Waters. National Wildlife 
Refuge, etc. which do not provide any water quality^ 
protection: (4) the waters represent an important component 
of a state or national park or forest: or (5) the waters are of 
special ecological or scientific significance such as habitat for 
rare or endangered species or as areas for research and 
education. 

Lake Phelps is a 16.600 acre elliptical Carolina Bay and is the 
second largest natural lake in the state. Water quality- in 
Phelps Lake is excellent based on physical, chemical and 
biological monitoring results and the lake meets several of the 
outstanding resource values: The lake itself as well as an old- 
groM-th stand of remnant bald cypress known as Pettigrew 
Cypress Natural Area on the northern shore, are registered 
natural areas with the North Carolina Division of Parks and 
Recreation's Natural Heritage Program: The lake is an 
integral component of Pettigrew State Park and is 
administered by the North Carolina Division of Parks and 
Recreation. Bordering the west side of Lake Phelps is Pocosin 
Lakes National Wildlife Refuge which was established in 
1990: The waters and adjacent park contain several species of 
rare or globally imperiled plants and fish. Lake Phelps and 
White Lake harbor the southern-most localities for the leafless 
watermilfoil and Lake Phelps is the only known location for 
northeastern bladderwort. Both of these species are 
considered "significantly rare" in North Carolina. Lake 
Phelps provides habitat for the globally imperiled Waccamav.- 
killifish. which is only found here and at Lake Waccamaw, 
N. C The lake is also a scientifically important site for the 
study of North Carolina's historic and prehistoric cultural 
heritage: and Lake Phelps is a hea^^ily utilized recreational 
area. Special protection measures that apply to North 
Carolina ORWs are set forth in 15A NCAC 2B .0225. At a 
minimum, no new wastewater discharges or expansions to 
existing discharges are permitted, and stormwater controls for 
most new development are required. 

The B classification is assigned to fresln\-aters that are used 
for primaiy recreation purposes. Primary- recreation is 
defined in Division rules as "swimming, skin diving, skiing, 
and similar uses involving human body contact with water 
where such activities take place in an organized or on a 
frequent basis. " Under North Carolina rules, several criteria 
must be met before waters can be classified for primaiy 
recreation. These are: (1) the area must be of sufficient size 
and depth to support primaiy recreation: (2) fecal coliform 
concentrations must he less than 200 colonies per 100 
milliliters based on a geometric mean derived from five 
samples taken within a 30 day period: (3) there must be no 
sources of water pollution which could result in a hazard to 
public health in close proximity to areas where recreation 
occurs: and (4) primary recreation must take place in an 



13:19 



NORTH CAROLINA REGISTER 



April I, 1999 



1608 



RULE-MAKING PROCEEDINGS 



organized or on a frequent basis. Lake Phelps is used for 
primary recreation activities including water skiing, 
swimming, and jet skiing. Water quality studies indicate that 
Lake Phelps meets the requirements for reclassification to B 
waters. Wastewater dischargers to Class B waters are 
required to comply with reliability standards set forth in 15A 
NCAC 2H .0124. Reliability standards require facilities to 
insure continued treatment of wastewater during instances of 
power failure. There are no permitted dischargers to the area 
proposed for reclassification. 

Elevated levels of mercury have been detected in fish tissue 
samples taken from Lake Phelps. Mean mercury levels for 
largemouth bass and bowfin collected at Lake Phelps were 
1.16 pptn and 1.4 ppm respectively. The FD.4 action level for 
mercury is 1.0 ppm. Lake Phelps is unique in that it possesses 
a minimal draitwge area, receives most of its hydrologic input 
from the atmosphere and represents a minimally impacted 
system. Atmospheric mercury deposition may therefore be a 
significant source for the observed mercury levels, although 
mercury is known to occur naturally in the high organic peat 
soils of North Carolina. In June of 1996. the State Health 
Director issued a fish consumption advisory for bass and 
bowfin in Lake Phelps due to the elevated mercuiy levels. In 
June of 1997, a statewide conswnption advisoty on bowfin 
was issued due to unsafe mercuiy levels. 

Lake Phelps is an important and unique resource. Water 
quality' in Lake Phelps is considered to be excellent. In 
addition. Lake Phelps contains several resource values that 
demonstrate its exceptional ecological significance at both 
state and national levels. The designation of Lake Phelps as 
Outstanding Resource Waters would provide recognition of 
this diverse and unique ecosystem. Moreover, the ecological 
and recreational components that make this lake special, 
clearly support its consideration for the B and ORW 
classifications. 

Comment Procedures: The purpose of this announcement is 
to encourage those interested in this proposal to provide 
written comments. It is very important that all interested and 
potentially affected persons or parties make their views known 
to the Environmental Management Commission whether in 
favor or opposed to any and all provisions of the proposal 
being noticed. Written comments, data, or other information 
relevant to this proposal may be submitted to: Li: Kovasckitz. 
DENR/Division of Water Quality. Planning Branch, P. O. Box 
29535, Raleigh. NC 27626-0535. (919) 733-5083. extension 
572. 

******************** 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOD - GAME LAND 
REGULATIONS 



A Totice of Rule-making Proceedings is hereby given by the 

J. V North Carolina Wildlife Resources Commission in 
accordattce with G.S. 150B-21.2. ■ The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC lOD .0102- 103. Other rules may be proposed in 
the course of the rule-making process. 



Authority for the rule-making: 

270; 113-291: 113-305: 113-306 



G.S. 113-34: 113-264: 113- 



Statement of the Subject Matter: Set/Amend Games Lands 
Regulations iticluding General Regulations Regarding Use 
and Hunting on Game Lands. 

Reason for Proposed Action: To set/amend seasons 
including the addition of waterfowl hunting opportunities on 
the game lands, and regulate the manner of hunting on game 
lands which are necessaiy to manage and consen'e the 
resource. The Wildlife Resources Commission may adopt this 
rule as a temporaty rule pursuant to S.L. 1 997-0403 following 
this abbreviated notice. 

Comment Procedures: This record Mill be open for receipt of 
written comtnents until the notice of text is published in the NC 
Register Such Mritten comments must be delivered or mail to 
the North Carolina Wildlife Resources Commission. 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 



TITLE 23 - DEPARTMENT OF 
COMMUNITY COLLEGES 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2D -COMMUNITY COLLEGES: 
FISCAL AFFAIRS 

A Totice of Rule-making Proceedings is hereby given by the 
J. V North Carolina State Board of Community Colleges in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

23 NCAC 2D .0323 - .0324 Other rules may be proposed in 
the course of the rule-making process. 



Authority for the rule-making: 

625 



G.S .115D-5: SL. 1995. c. 



1609 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



RULE-MAKING PROCEEDINGS 



Statement of the Subject Matter: Reporting of Student 
hours in meinehership for curriculum and extension (non- 
credit) classes. 

Reason for Proposed Action: To provide colleges guidance 
for courses offered via media. 

Comment Procedures: .411 persons interested in this rule 
may submit statements in writing from the date of this notice 
until May 31. 1999. delivered or mailed to Mr Morris W. 
Johnson. North Carolina Commiwity College System. 200 W. 
Jones Street. Raleigh. NC 27603 -1379. 



13:19 NORTH CAROLINA REGISTER April 1, 1999 1610 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the aget^cy published 
a Notice of Rule-making Proceedings. The agency nnist accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars 
($5,000,000). Statuton reference: G.S. 1508-21.2. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 



SUBCHAPTER 29C - CRISIS INTERVENTION 
PROGRAM 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the Social Senices Commission intends to amend 
the rule cited as 10 NCAC 29C .0103. Notice of Rule-making 
Proceedings was published in the Register on September 15. 
1998. 

Proposed Effective Date: July I. 2000 

A Public Hearing will be conducted at 10:00 a.m. on June 2, 
1999 at the Albemarle Building. Room 832. 325 N. Salisbury 
Street. Raleigh. NC. 

Reason for Proposed Action: On July 24. 1998. the 
President authorized the release of 6.8 million dollars in 
emergency contingency funds to North Carolina to assist the 
elderly, the disabled and low income families experiencing a 
cooling related crisis because of severe weather conditions. 
In the last two months North Carolina has experienced 
temperatures ranging 23 percent hotter than normal. To 
ensure immediate release of the emergency funds, the Division 
of Social Services proposes to amend the rule in order to 
allow the county departments of social services to authorize an 
additional crisis intervention paymient up to two hundred 
dollars ($200. 00) per household during the state fiscal year 
County departments of social services will be able to authorize 
an additional crisis intervention payment to eligible families 
and individuals experiencing life-threatening weather related 
conditions, who may have received crisis assistance previously 
during the fiscal year The additional payment will only be 
authorized when the federal government releases emergency 
contingency funds in excess of the State's annual allocation for 
the Low Income Home Energy Assistance Program Block 
Grant. 

Comment Procedures: Anyone wishing to comment should 
contact Sharnese Ransome. APA Coordinator. Social Services 
Commission, NC Division of Social Services. 325 North 
Salisbury Street. Raleigh. North Carolina 27603. phone (919) 
733-3055. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does 
not hcn'e a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 



CHAPTER 29 - INCOME MAINTENANCE: GENERAL 



SECTION .0100 - GENERAL 

.0103 BENEFIT LEVELS 

The maximum payment to a household is two hundred 
dollars ($200.00) in a state fiscal year. Except, when the 
federal government releases emergency contingency funds for 
severe weather conditions an additional payment up to two 
hundred dollars ($200.00) may be authorized. Payments may 
vary based upon the severity of the crisis and the services 
needed. 

Authoritx' G.S. 108A-25: 143B-153. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the NC Criminal Justice Education and Training 
Standards Commission intends to amend the rules cited as 12 
NCAC 9B .0107. .0109-.0110, .0112-.0113. .0115. .0201- 
.0208. .0226-.0228. .0232-.0233. .0302-.0305. .0312. .0403- 
,0406. .0414-.0415: 9C .0211-.0213. .0403: 9E .0107 and 
repeal the rule cited as 12 NCAC 9B .0407. Notice of Rule- 
making Proceedings was published in the Register on 
December 22. 1998. 

Proposed Effective Date: August 1, 2000 

A Public Hearing will he conducted at 9:00 a.m. on April 16. 
1999 at the Old Education Building. Room G-22, 114 West 
Edenton Street. Raleigh. NC 27602. 

Reason for Proposed Action: 77?^ North Carolina Criminal 
Justice Education and Training Standards Commission has 
authorized rule-making authority to amend/adopt/repeal 
numerous administrative rules in order to better define the 
minimum employment and training standards that regulate the 
criminal justice officer profession in the State. Commission 
changes to the Basic Lom' Enforcement Training Course 
necessitate the change in Rules. 

Comment Procedures: Any person interested in this rule- 
making proceeding may present oral or written comments 
relevant to the above-stated subject up to and including April 
16. 1999. Written comments should be directed to Scott Peny. 
Deputy Director. Criminal Justice Standards Division. Room 
G-25. Old Education Building. 114 West Edenton Street. PO 
Drawer 149. Raleigh. NC 27602. 



1611 



NORTH CAROLINA REGISTER 



April I, 1999 



13:19 



PROPOSED RULES 



Fiscal Note: This Rule. 12 NCAC 9B .0205. does affect the 
expenditures or revenues of local government funds. 

Fiscal Note: These Rules. 12 NCAC 9B .0205. .0228. .0232- 
. 0233. . 0406. do affect the expenditure or distribution of State 
funds subject to the Executive Budget Act, Article 1 of Chapter 
143. 

Fiscal Note: These Rules. 12 NCAC 9B .010^. .0109-.0110. 
.0112-.0113. .0115. .0201:0204. .0206-.0208. .0226-.0227. 
.0302:0305. .0312. .0403:0405. .0407. .0414:0415: 9C 
.0211-0213. .0403. do not affect the expenditures or revenues 
of state or local government funds and do not have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 9 - CRIMINAL JUSTICE EDUCATION 
AND TRAINING STANDARDS 

SUBCHAPTER 9B - STANDARDS FOR 

CRIMINAL JUSTICE EMPLOYMENT 

EDUCATION AND TRAINING 

SECTION .0100 - MINIMUM 

STANDARDS FOR CRIMINAL 

JUSTICE EMPLOYMENT 

.0107 MINIMUM STANDARDS FOR 
CORRECTIONAL OFFICERS 

In addition to the requirements for criminal Justice officers 
contained in Rule .0101 of this Section. ever\ correctional 
officer employed by an agency in North Carolina shall: steH 
be a high s chool graduat e or hav e pa sse d th e G e n e ral 
Education — D e v e lopment — test — indicating — high — s chool 
e quivalency. 

(1) not have committed or been convicted of a felony; 
and 

(2) be a high school graduate or have passed the 
General Educational Development Test indicating 
high school equivalency. 

Note: Although not presently required by these 
Rules, the Commission recommends that 
on the date of employment or within 24 
months thereafter, every candidate 
employed as a correctional officer have no 
less than six semester units or nine quarter 
units of educational credit at an accredited 
institution of higher education. 

Authorities. 17C-6. 



.0109 MINIMUM STANDARDS FOR 

PROBATION/PAROLE OFFICERS 

In addition to the requirements for criminal Justice officers 
contained in Rule .0101 of this Section, every probation/parole 
officer employed by an agency in North Carolina s hal l b e a 



graduat e of an accr e dit e d coll e g e or univ e rsity and hav e 
attained at l e ast th e baccalaureate degree, shall: 

( 1) not have committed or been convicted of a felony: 
and 

(2) be a graduate of an accredited college or university 
and have attained at least the baccalaureate degree. 

Authority' G.S. 1 7C-6. 



.0110 MINIMUM STANDARDS FOR 

PROBATION/PAROLE INTAKE OFFICERS 

In addition to the requirements for criminal Justice officers 
contained in Rule .0101 of this Section, every probation/parole 
intake officer employed by an agency jn North Carolina shall: 
s hall hav e attain e d the associat e d e gr ee or hav e satisfactorily 
compl e t e d at l e ast 60 s e mest e r hour s of e ducational cr e dit or 
90 quart e r hours of e ducational cr e dit at an accr e dited 
t e chnical in s titut e , t e chnical coll e g e , community college. Junior 
coll e g e , coll e g e , or univ e rsity. 

(I ) not have committed or been convicted of a felony; 

and 

have attained the associate degree or have 



12] 



or 

satisfactorily completed at least 60 semester hours of 
educational credit or 90 quarter hours of educational 
credit at an accredited technical institute, technical 
college, community college, junior college, college, 
or university. 



Author it^• G.S. rC-6. 



.0112 



MINIMUM STANDARDS FOR PAROLE 
CASE ANALYSTS 

In addition to the requirements for criminal Justice officers 
contained in Rule .0101 of this Section, every parole case 
analyst employed by an agency in North Carolina shall: shaH 
b e a graduat e of an accredit e d coll e g e or univ e r s it;^' and hav e 
attain e d at le a s t t he baccalaur e at e d e gree. 

( 1 ) not have committed or been convicted of a felony; 
and 

(2) be a graduate of an accredited college or university 
and have attained at least the baccalaureate degree. 

Authority' G.S 17C-6. 

.0113 MINIMUM STANDARDS 
PROBATION/PAROLE 
OFFICERS-SURVEILLANCE 

In addition to the requirements for criminal Justice officers 
contained in Rule .0101 of this Section, every probation/parole 
officer-surveillance shall: shall b e a high school graduat e or 
hav e pas se d th e G e n e ral — Educational — D e v e lopm e nt T e st 
indicating high s chool e quivalency. 

( 1) not have committed or been convicted of a felony; 
and 

(2) be a high school graduate or have passed the 
General Educational Development Test indicating 
high school equivalency. 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1612 



PROPOSED RULES 



Authority G.S. I7C-6. 

.0115 MINIMUIVI STANDARDS 

PROBATION/PAROLE INTENSIVE OFFICER 

In addition to the requirements for criminal justice officers 
contained in Rule .0101 of this Section, every probation/parole 
intensive officer employed by an agency in North Carolina 
shall: shall b e a graduat e of an accr e dit e d coll e g e or univ e rsity 
and hav e attain e d at l e a s t th e bacca l aur e at e d e gr ee . 

( 1 ) not have committed or been convicted of a felony; 
and 

(2) be a graduate of an accredited college or university 
and have attained at least the baccalaureate degree. 

Authority^ G.S. 17C-6. 

SECTION .0200 - MINIMUM STANDARDS FOR 

CRIMINAL JUSTICE SCHOOLS AND CRIMINAL 

JUSTICE TRAINING PROGRAMS OR 

COURSES OF INSTRUCTION 

.0201 ADMINISTRATION OF CRIMINAL JUSTICE 
SCHOOLS 

(a) The executive officer or officers of the institution or 
agency sponsoring any criminal justice training program or 
course of instruction shall have primary responsibility for 
implementation of these Rules and standards and for 
administration of the school. The executive officer or officers 
of the institution or agency shall secure School Accreditation 
pursuant to 12 NCAC 9C .0401 prior to offering any criminal 
justice training course. 

(b) The executive officers shall designate not more than one 
compensated staff member for each commission-accredited 
program for which the institution or agency has been granted 
accreditation. Such staff member shall be formally certified by 
the Commission under Section .0500 of this Subchapter to be 
the criminal justice school director. The school director shall 
have administrative responsibility for planning, scheduling, 
presenting, coordinating, reporting, and generally managing 
each sponsored accredited criminal justice training course. If 
the accredited institution or agency assigns additional 
responsibilities to the certified school director during the 
planning, development, and implementation of an accredited 
basic recruit training course, an additional qualifi e d staff 
p e rson a qualified assistant must be designated to assist the 
school director in the administration of the course. This 
person must be selected by the school director and must attend 
a course orientation conducted by Standards Division staff and 
attend the annual School Directors' Conference. 

(c) The e x e cutiv e offic e rs school director shall permanently 
maintain records of all criminal justice training courses 
sponsored or delivered by the school, reflecting: 

{ 1 ) course title; 

(2) delivery hours of course; 

(3 ) course delivery dates; 

(4) names and addresses of instructors utilized within 
designated subject-matter areas; 



(5) a roster of enrolled trainees, showing class 
attendance and designating whether each trainee's 
course participation was successful or unsuccessful; 

(6) copies of all rules, regulations and guidelines 
developed by the school director; 

(7) documentation of any changes in the initial course 
outline, including substitution of instructors; and 

(8) documentation of make-up work achieved by each 
individual trainee, including test scores and 
methods. 

(d) The executive officers of the institution or agency 
sponsoring any criminal justice training program or course of 
instruction shall meet or exceed the following specifications: 

(1 ) acquire and allocate sufficient financial resources to 
provide commission certified instructors and to meet 
other necessary program expenses; 

(2) provide one designated clerical support person to 
assist the school director in maintaining required 
records, complete reports, and provide other clerical 
needs as required by the school director; 

(3) provide or make available suitable facilities, 
equipment, materials, and supplies for 
comprehensive and qualitative course delivery, 
specifically including the following: 

(A) a comfortable, well-lighted and ventilated 
classroom with a seating capacity sufficient to 
accommodate all attending train ee s; trainees 
specifically; 

(i) provide a minimum of 24 square feet 

of floor space per trainee; 
(ii) provide over-head lighting measuring 

at a minimum, 70 foot candles at desk 

level; 
(iii) provide an adult size table and chair 

for each trainee; 

(B) audio-visual equipment and other 
instructional devices and aids necessary and 
beneficial to the delivery of effective training; 

(C) a library for trainees' use covering the 
subject-matter areas relevant to the training 
course, maintained in current status and 
having sufficient copies for convenient 
trainee access; 

(D) a firearms firing range designed for criminal 
justice firearms instruction to conduct the 
basic recruit firearms course, with the 
following specifications: 

(i) an operational public address system of 
sufficient volume to be audible to 
persons wearing ear plugs or other 
hearing protection while firearms are 
being discharged; 

(ii) an emergency first-aid kit; 

(iii) access limited to criminal justice 
trainees, criminal justice instructors, 
and personnel authorized by the school 
director when firearms are being 
discharged; 



1613 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



PROPOSED RULES 



I 



(iv) warning signs posted at ail access 
points which clearl\ identify the area 
as a criminal justice firing range; 
(v) restrooms, drinking water and a rain- 
resistant shelter for personnel engaged 
in training: and 

(vi) telephone or radio communications 
immediately available to range 
instructors; 

(E) a driving range designated for criminal justice 
training, adequate in size and design to safely 
conduct the law enforcement basic recruit 
driving course, with the following 
specifications: 

(i) secured by barriers from through 
traffic while training is being 
conducted on the range; 

(ii) warning signs posted at all vehicle 
access points that shall clearly identify 
the area as a law enforcement training 
driving range and limit access to 
criminal justice trainees, criminal 
justice instructors, and personnel 
authorized by the school director; 

(iii) an emergency first-aid kit; 

(iv) access to at least two automobiles 
designed and equipped for criminal 
justice driver training: 
(v) restrooms and drinking water for 
personnel engaged in training: and 

(vi) telephone or radio communications 
immediately available to range 
instructors: 

(F) a suitable area designated for criminal justic e 
d e f e nsiv e — tactic s subject control/arrest 
techniques instmction which enables the safe 
execution of th e ba s ic r e cruit d e f e nsiv e tactics 
cours e this topical area, with the following 
specifications: 

(i) permanent or portable cushioned floor 

matting: 
(ii) an emergency first-aid kit; and 
(iii) telephone or radio communications 

immediateh available to d e f e nsiv e 

tactics the instructors: 

(G) a suitable area for the conducting of physical 
fitness training, with the following 
specifications: 

(i) an obstacle course designed and 
constructed according to specifications 
outlined in the Basic Law Enforcement 
Training Course Management Guide: 

(ii) appropriate space for running, weight 
training, calisthenics: and aerobics: 

(iii) restrooms and drinking water for 
personnel engaged in training: 



(iv) shower facilities, if physical fitness 
training is conducted prior to 
classroom training. 

(e) In the event that an institution or agency does not own a 
required facility, written agreements with other entities must 
be made to assure use of and timely access to such facilities. 
A copy of such agreement must be on tile for review by 
Standards Division staff 

(f) Each institution or agency accredited to deliver basic 
recruit training shall provide access to supplies and equipment 
for trainee use during course delivery as specified in the Basic 
Law Enforcement Training Course Management Guide. 

Authority G.S. 17C-6. 

.0202 RESPONSIBILITIES OF THE SCHOOL 
DIRECTOR 

(a) In planning, developing, coordinating, and delivering 
each commission-accredited criminal justice training course, 
the school director shall: 

( 1 ) Formalize and schedule the course curriculum in 
accordance with the curriculum standards 
established in this Subchapter. 

{A) Th e school dir e ctor sha l l s ch e dul e cours e 

pr ese ntation for d e liv e ry as fo l low s : 

{+) Each ba s ic training cour se r e quir e d for 

criminal ju s tic e — offic e r — c e rtification 

s hall b e pr ese nt e d with a minimum of 

12 hours of instruction e ach w ee k 

during — cons e cutive — calendar — w ee ks 

e xc e pt that th e r e may be as man\ as 

thr ee on e w ee k break s — unttl — cours e 

r e quir e m e nt s ar e compl e t e d. This Rul e 

shall not apply to pr e s e ntation s of th e 

"Basic Training Stat e Youth S e rvic e s 

Offic e rs" cour se . 

(4+) The "Criminal Justice Instructor 

Training Course" shall be presented 

with a minimum of 40 hours of 

instruction each week during 

consecutive calendar weeks until 

course requirements are completed. 

(B) In th e e v e nt of e xc e ptional or e m e rg e ncy 

circumstances, th e Director of th e Standards 

Divi s ion — tnav; — upefl — writt e n — finding — of 

ju s tification, grant a waiver of th e minimum 

hours r e quir e m e nt. 

(2) Select and schedule qualified instructors who are 
properly certified by the Commission. Th e s e l e cting 
and s ch e duling of instructors is subj e ct to s p e cial 
r e quir e m e nt s a s follows: 

(A-) In th e pr e sentation of a d e liv e ry of th e "Basic 

R e cruit Training Law Enforc e m e nt" cour se : 

fi-) No instructor shall b e sch e dul e d to 

instruct, e ith e r as th e l e ad instructor or 

in an\ oth e r capacity, in a high liabilitv' 

topic ar e a a s id e ntified under Rul e 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1614 



PROPOSED RULES 



.030'1(a) of this Subchapt e r unl e ss 
topic ar e a by the Commission. 

■^ With th e 



s p e cifically c e rtifi e d for tha t 



e xc e ption — ef — the — Fwst 









R e spond e r. Phy s ical Fitn es s. M e dical 
Em e rg e nci e s (DYS). and El e ctrical and 
Hazardous — Mat e rials — Em e rg e nci es 
topical — ar e as — as — outlin e d — m — Rale 
.030 4 (a) of thi s Subchapt e r, th e r e shall 
b e on e sp e cific c e rtifi e d instructor for 
eaeh — s« — train ee s — whil e — activ e ly 
e ngag e d in a practical performanc e 
e x e rci se . 

No singl e individual may b e sch e dul e d 
to instruct mor e than 35 p e rc e nt of th e 
total hours of th e curriculum during 
any on e d e liv e ry of the "Basic R e cruit 
Training Law — Enforcement" — cours e 
pr e s e ntation. 
Wh e r e — the — s chool — dir e ctor — show s 



-Qf- 



e m e rg e ncy 



e xc e ptional 
circum s tanc es and th e school dir e ctor 
docum e nts — that — an — in s tructor — is 
qualifi e d to — in s truct — mor e than — 34 
percent — of th e tota l — hour s — of the 
curriculum. — the — Dir e ctor — ef — the 
Standards Divi s ion may grant vwitt e n 
approval — for th e e xpansion — of th e 
individual in s tructional limitation. 
f&) \n — th e pr ese ntation of a d e liv e ry of th e 

"Criminal Justic e Instructor Training 

Cour se ": 



(3) 



(4) 



(+) A{ — least — ene — e valuator — of train ee 

p e rformanc e shall be sch e du le d for 

e ach six train ee s and in cour se d e liv e ry 

no e valuator wil l b e a s sign e d mor e 

than six train ee s. 

-fhi) Each — e valuator. — as — weH — as — the 

instructor s . — must — have — s ucc e s s fully 

compl e t e d — a — commission accr e dit e d 

instructor — training — cours e — Of — aft 

e quival e nt instructor training cour se a s 

d e t e rmin e d by the Commission. 

^m) Each — in s tructor and e valuator must 

docum e nt succ e s s ful participation in a 

sp e cial — program — pr e s e nt e d — by — the 

Justic e — Academy — for — purpos e s — ef 

familiarization — and — supplementation 

r e l e vant to d e liv e ry of th e in s tructor 

training cour se and train ee e valuation. 

Provide each instructor with a current 

commission-approved course outline and all 

necessary additional information concerning the 

instructor's duties and responsibilities. 

Review each instructor's lesson plans and other 

instructional materials for conformance to 

established commission standards and to minimize 

repetition and duplication of subject matter 



(5) Arrange for the timely availability of appropriate 
audiovisual aids and materials, publications. 
faciliti e s facilities, and equipment for training in all 
topic areas. 

(6) Develop, adopt, reproduce, and distribute any 
supplemental rules, regulations, and requirements 
determined by the school to be necessary or 
appropriate for: 

(A) effective course delivery; 

(B) establishing responsibilities and obligations 
of agencies or departments employing or 
sponsoring course trainees; and 

(C) regulating trainee participation and demeanor 
and ensuring trainee attendance and 
maintaining performance records. 

A — eepy — of such — rul es , — r e gulations — and 
r e quir e m e nts — shaH — be — submitt e d — te — the 
Dir e ctor of th e Standards Division as an 
attachm e nt to th e Pr e d e liv e ry R e port of 
Training Cours e Pr e s e ntation. — A copy of 
such rul e s shall also be giv e n to e ach train ee 
and to th e e x e cutiv e offic e r of e ach train ee 's 
e mploying ag e ncy or d e partm e nt at th e tim e 
the train ee e nrolls in th e cours e . 

(7) If appropriate, recommend housing and dining 
facilities for trainees. 

{%) Not l e ss than 15 day s b e for e comm e ncing d e liv e ry 
of the "Basic R e cruit Training Law Enforc e m e nt" 
cours e , submit to th e commission a Pr e d e liv e ry 
R e port — of Training — Cour se — Pr e s e ntation — (Form 



F lOA) along with th e following attachm e nt s : 



(A) A comprehensive cours e sch e dul e showing 
arrang e m e nt — of topical — pr e s e ntations — and 
propos e d instructional as s ignm e nt s . 

(B) A — ee^" — of any — rul es . — r e gulations, — and 
r e quir e m e nts — for — the — school — and; — wh e n 
appropriat e , — compl e t e d — applications — fer 
Professional L e ctur e r C e rtification. 

(€) Th e Dir e ctor of th e Standards Division shall 

r e vi e w th e submitt e d — Pr e d e livery Report 

together with all attachm e nts and notify' th e 

school dir e ctor of any appar e nt d e fici e ncy. 

(^ Not l e ss than 30 days b e for e comm e ncing d e liv e ry 

of the "Criminal Justic e Instructor Training Cours e ", 

submit to the commission a Pr e d e liv e ry R e port of 

Training Course Pr e s e ntation with th e following 

attachm e nts: 

(A) Th e nam e and cr e d e ntials of th e s chool 
dir e ctor 

(B) A compr e h e nsiv e cour se sch e dul e showing 
arrang e m e nt — of topical — pr e s e ntations — aftd 
propos e d instructional assignm e nts. 

(G) Th e nam e s and credentials of all in s tructors 

and e valuators. 
(O) A — eepy — of any — rul e s, — r e gulations, — and 



(£) 



r e quir e ments for th e school. 
Th e Director of th e Standards 



Division shall 



r e vi e w the submitt e d Pr e d e liv e r. R e port 



1615 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



PROPOSED RULES 



tog e th e r with all attachm e nts and notifV' th e 

school director of any appar e nt d e fic ie ncy. 

(4^(8) Administer the coixrse delivery in accordance with 

commission-approved procedures, guidelines, and 

standards and ensure that the training offered is as 

effective as possible. 

(4-H Th e school dir e ctor or d es ignated certifi e d instructor 
shall mon i tor th e pr e s e ntation s of oil probationary 
in s tructors during cour se — d el iv e ry — and — pr e par e 
formal writt e n e valuations on th e ir p e rformanc e and 
suitability for subsequ e nt instructional a s signm e nt s . 
Th e s e e valuations shall b e pr e par e d on Commission 
forms and forward e d to th e Commission. Bas e d on 
thi s e valuation, th e school dir e ctor shall hav e th e 
add e d responsibility for r e comm e nding approval or 
d e nial — ef — r e qu e st s — fer — G e n e ral — In s tructor 
Certification. 

f+5) Th e school dir e ctor or d e signat e d c e rtifi e d instructor 
shaH — monitor — the — presentations — ef — aH — other 
instructor s during cour se d e liv e ry and — pr e par e 
formal writt e n e valuations on th e ir performance and 
suitability for subs e qu e nt instructional a ssi gnm e nts. 
Any — d e signat e d — c e rtifi e d — instructor — who — is 
e valuating th e instructional pr e s e ntation of anoth e r 
in s tructor shall, at a minimum, hold c e rtification in 
th e sam e instructional topic ar e a a s that for which 

the — instructor — is — b e ing — e valuat e d. In s tructor 

e valuations s hall b e pr e par e d on Commi s sion form s 
in accordanc e with commi ss ion standard s as s e t out 
in this Chapt e r. Th e s e e va l uations shall b e k e pt on 
fil e by th e school for a p e riod of thr ee y e ars and 
shaH — be — mad e — availabl e — fer — in s p e ction — by — a 
r e pr e s e ntativ e of th e Commi s sion upon r e qu es t. 

(44^ Administ e r or d e signat e a qualifi e d p e rson to 

administ e r appropriat e t e sts as d e t e rmin e d n e c e s s ary 

at variou s int e rvals during cour se d e liv e ry: 

(tA) to det e rmin e and record the lev e l of train ee 

comprehension and r e t e ntion of instructional 

s ubj e ct matt e r: and 

(B) to provid e a ba s i s for a final d e t e rmination or 
r e comm e ndation — r e garding — the — minimum 
d e gr ee of loiowl e dg e and skill of e ach train ee 
te — function a s — an — in e xp e ri e nc e d — criminal 
ju s tic e offic e r; and 

(C) te — d e t e rmin e — s ubj e ct — er — topic — ar e as — ef 
deficiency — fef — the — application — ef — Rule 
.0 ^1 05(a)(3) of this Subchapt e r. 

(44)t9j Maintain direct supervision, direction, and control 
over the performance of all persons to whom any 
portion of the planning, development, presentation, 
or administration of a course has been delegated, 
ff^ During — a — d e livery — ef — the — "Ba s ic — R e cruit 
Training Law Enforcement" cours e , mak e avai l abl e 
to authoriz e d r e pr e sentativ es of th e Commission 
four hours of sch e duled class tim e and clas s room 
faciliti es — fef — the — administration — ef — a — wr i tt e n 



e xamination to thos e train ee s who have sati s factorily 

compl e ted all cours e vsork. 

f4-6)(10) Report the completion of each presentation of a 

commission-accredited criminal justice training 

course to the Commis s ion as follow s : Commission. 

{A) "Basic R e cruit Training Law Enforcement". 

Not mor e than 10 days aft e r r e c e iving from 

th e Commi s sion' s r e pr e s e ntativ e th e R e port of 

Examination Scores, th e s choo l dir e ctor shall 

submit to th e Commi s sion a Post d e liv e ry 

R e port — ef — Training — Cours e — Pr e s e ntation 

(FemF-lOB). 

f&) Sp e cial arrang e m e nt s shall b e mad e b e tw ee n 

th e s chool dir e ctor and th e Dir e ctor of the 

Standards Divi s ion for th e r e porting of law 

e nforc e m e nt achi e v e m e nt m a 

commi s sion accredit e d Public Saf e ty Offic e r 
course. 

(€^ Upon succ e ssful compl e tion ef a 

commission accr e dit e d — training — cours e — by 
correctional. — state — youth — se rvic es . — er 
probation/parol e train ee s, th e dir e ctor of th e 
school conducting s uch cour se s hall notify' th e 
Commi s sion of th e satisfactory achi e v e m e nt 
of train ees by submitting a monthly R e port of 
Training Cours e Compl e tion. 

fD) "Criminal Ju s tic e Instructor Training 

Cours e ". Not mor e than 10 days aft e r cours e 
compl e tion th e s chool dir e ctor shall subm i t to 
the — Commi s sion — a — Post d e l i v e ry — R e port 
containing th e fo l lowing: 
(i) Class e nrollm e nt rost e r. 
(«) Cours e sch e dul e with d e signation of 
instructors and e valuators utiliz e d i n 
d e liv e ry. 
(4h^ Scor es r e cord e d for e ach trainee on 
both th e 8 minut e s kill pr e s e ntation 
and th e final writt e n e xamination. 

fiv) D es ignation ef train ees whe 

s ucc e s s fully compl e t e th e cour se in it s 
e ntir e ty and whom th e school dir e ctor 
find s to b e comp e t e nt to instruct. 
(b) In addition to Paragraph (a) of this Rule, in planning 
developing, coordinating and delivering each commission- 
accredited Basic Law Enforcement Training Course, the 
school director shall: 

( 1 ) Schedule course presentation to include a minimum 
of 12. hours of instruction each week during 
consecutive calendar weeks except that there may be 
as many as three one-week breaks until course 
requirements are completed. Jn the event of 
exceptional or emergency circumstances, the 
Director of the Standards Division ma\. upon 
written finding of Justification, grant a waiver of the 
minimum hours requirement of this Rule; and 

(2) Schedule only those instructors certified by the 
Commission to teach those high liability areas as 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1616 



PROPOSED RULES 



specified in 12 NCAC 9B .0304(a) as either the lead 
instructor or in any other capacity; and 

(3) With the exception of the First Responder. Physical 
Fitness, Electrical and Hazardous Materials, and 
topical areas as outlined in 12 NCAC 9B .0304(a) of 
this Subchapter, schedule one specialized certified 
instructor for each six trainees while actively 
engaged in a practical performance exercise; and 

(4) Schedule one specialized certified instructor for 
each eight trainees while actively engaged in a 
practical performance exercise jn the topical area 
"Subject Control Arrest Techniques"; and 

(5) Not schedule any single individual to instruc t more 
than 35 percent of the total hours of the curriculum 
during any one delivery of the Basic Law 
Enforcement Training Course presentation. Where 
the school director shows exceptional or emergency 
circumstances and the school director documents 
that an instructor is qualified to instruct more than 
35 percent of the total hours of the curriculum, the 
Director of the Standards Division may grant written 
approval for the expansion of the individual 
instructional limitation; and 

(6) Not less than 15 days before commencing delivery 
of the Basic Law Enforcement Training Course, 
submit to the commission a Pre-Delivery Report of 
Training Course Presentation (Form F-lOA) along 
with the following attachments: 

(A) A comprehensive course schedule showing 
arrangement of topical presentations and 
proposed instructional assignments. 

(B) A copy of any rules, regulations, and 
requirements for the school. A copy of such 
rules shall also be given to each trainee and to 
the executive officer of each trainee's 
employing or sponsoring agency or 
department at the time the trainee enrolls jn 
the course. 

(C) The Director of the Standards Division shall 
review the submitted Pre-Delivery Report 
together with all attachments and notily-' the 
school director of any apparent deficiency. 

(7) Monitor, or designate a certified instructor to 
monitor, the presentations of aU instructors during 
course delivery and prepare formal written 
evaluations on their performance and suitability for 
subsequent instructional assignments. 

(A) For probationary instructors. these 
evaluations shall be prepared on Commission 
forms and forwarded to the Commission. 
Based on this evaluation, the school director 
shall have the added responsibility for 
recommending approval or denial of requests 
for General Instructor Certification. 

(B) For al] other instructors, these evaluations 
shall be prepared on Commission forms in 
accordance with commission standards as set 
out in this Chapter. These evaluations shall 



18J 



m 



10) 



be kept on file by the school for a period of 
three years and shall be made available for 
inspection by a representative of the 
Commission upon request. 
(C) Any designated certified instructor who js 
evaluating the instructional presentation of 
another instructor shall, at a minimum, hold 
certification in the same instructional topic 
area as that for w hich the instructor js being 
evaluated. 
Administer or designate a qualified person to 
administer appropriate tests as determined necessary 
at various intervals during course delivery: 

(A) to determine and record the level of trainee 
comprehension and retention of instructional 
subject-matter; and 

(B) to provide a basis for a final determination or 
recommendation regarding the minimum 
degree of knowledge and skill of each trainee 
to function as an inexperienced law 
enforcement officer; and 

(C) to determine subject or 



topic areas of 

deficiency for the application of \2 NCAC 

9B .0405(a)(3). 
During a delivery of Basic Law Enforcement 
Training. make available to authorized 
representatives of the Commission four hours of 
scheduled class time and classroom facilities for the 
administration of a written examination to those 
trainees who have satisfactorily completed all course 
work. 

Not more than 10 days after receiving from the 
Commission's representative the Report of 
Examination Scores, submit to the Commission a 
Post-Delivery Report of Training Course 
Presentation (Form F-lOB) which shall include: 
(A) a "Student Course Completion" form for each 

individual enrolled on the day of orientation; 

and 

"Certification and Test Score Release" 



tm 



form. 



(c) In addition to Paragraph (a) of this Rule, in planning, 
develop ing, coordinating and delivering each commission- 



accredited "Criminal Justice Instructor Training Course" the 
school director shall: 

(1) Schedule course presentation to include a minimum 
of 40 hours of instruction each week during 
consecutive calendar weeks until course 
requirements are completed. 

(2) Schedule at least one evaluator for each six trainees: 

(A) no evaluator will be assigned more than six 
trainees during a course delivery; and 

(B) each evaluator. as well as tlie instructors, 
must have successfully completed a 
commission-accredited instructor training 
course or an equivalent instructor training 
course as determined by the Commission; and 



1617 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



PROPOSED RULES 



) 



Q} 



14} 



(C) each instructor and evaluator must document 

successful participation jn a special program 

presented by the Justice Academy for 

purposes of familiarization and 

supplementation relevant to delivery of the 

instructor training course and trainee 

evaluation. 

Not less than 30 days before commencing delivery 

of the course, submit to the Commission a Pre- 

Delivery Report of Training Course Presentation 

[Form F-10A(1TC)1 with the following attachments: 

(A) a comprehensive course schedule showing 
arrangement of topical presentations and 
proposed instructional assignments; and 

(B) the names and social security numbers of all 
instructors and evaluators; and 

(C) a copy of any rules, regulations, and 
requirements for the school. 

The Director of the Standards Division sha ll review 
the submitted Pre-Delivery Report together with all 
attachments and notify the school director of any 
apparent deficiency. 

Not more than 10 days after course completion the 
school director shall submit to the Commission a 
Post-Delivery Report [Form F-10B(1TC)1 containing 
the following: 

(A) class enrollment roster; and 

(B) a course schedule with designation of 
instructors and evaluators utilized in delivery; 
and 

(C) scores recorded for each trainee on both the 
80 minute skill presentation and the final 
written examination; and 

(D) designation of trainees who successfully 
completed the course in its entirety and whom 
the school director finds to be competent to 
instruct. 

fb^d) In addition to Paragraph (a) of this Rule, in planning, 
developing. coordinating and delivering each 
commission-accredited radar, radar and time-distance or 
time-distance speed measurement operator training course or 
re-certification course, the school director shall: 

(1) select and schedule qualified radar or time-distance 
speed measurement instrument instructors who are 
properly certified by the Commission as instructors 
for the specific speed measurement instruments in 
which the trainees are to receive instruction. The 
following requirements apply to operator 
certification training: 

(A) Provide to the instructor the Commission 
form(s) for motor-skill examination on each 
trainee; 

(B) Require the instructor to complete the 
motor-skill examination form on each trainee 
indicating the level of proficiency obtained on 
each specific instrument: 



(C) Require each instructor to sign each 
individual form and submit the original to the 
school director 

(2) not less than 30 days before the scheduled starting 
date submit to the Director of the Standards Division 
a Request for Training Course Presentation. 

(A) The request shall contain a period of course 
delivery including the proposed starting date, 
course location and the number of trainees to 
be trained in each type of approved 
speed-measurement instrument; 

(B) The Director of the Standards Division shall 
review the request and notify the school 
director of the accepted delivery period unless 
a conflict exists with previously scheduled 
programs. 

(3) during the delivery of the training course, make 
available to authorized representatives of the 
Commission two hours of scheduled class time and 
classroom facilities for the administration of a 
written examination to the trainee. 

(4) upon completing delivery of the 
Commission-accredited course, and not more than 
10 days after receiving from the Commission's 
representative the Report of Examination Scores, the 
school director shall notify the Commission 
regarding the progress and achievements of each 
trainee by submitting a Post-delivery Report of 
Training Course Presentation. This report shall 
include the original motor-skill examination form(s) 
completed and signed by the certified instructor 
responsible for administering the motor-skill 
examination to the respective trainee. 

Authority- G.S. rC-6. 

.0203 ADMISSION OF TRAINEES 

(a) The school may not admit any individual younger than 
20 years of age as a trainee in any non-academic basic criminal 
justice training cours e course. Individuals under 20 years of 
age may be granted authorization for early enrollment with 
prior written approval from the Director of the Standards 
Division as long as thev turn 20 years of age prior to the date 
of the State Comprehensive Examination for the course. 
without th e prior writt e n approval of th e Dir e ctor of th e 
Sta n dards Division for thos e individuals who will turn 20 
y e ar s of age during th e course, but prior to th e e nding dat e . 

(b) The school shall give priority admission in accredited 
criminal justice training courses to individuals holding 
full-time employment with criminal justice agencies. 

(c) The school may not admit any individual as a trainee in 
a presentation of the "Criminal Justice Instructor Training 
Course" who will not meet the minimum education and 
experience requirements for instructor certification under Rule 
.0302(1) of this Subchapter within three months of successful 
completion of the Instructor Training State Comprehensive 
Examination. 



13:19 



NORTH CAROLINA REGISTER 



April L 1999 



1618 



PROPOSED RULES 



(d) The school shall administer the reading component of a 
standardized test which reports a grade level for each trainee 
participating in the "Basic — R e cruit — Training — - — baw 
Enforc e ment" — course. Basic Law Enforcement Training 
Course. The specific type of test instrument shall be 
determined by the school director and shall be administered no 
later than by the end of the first two weeks of a presentation of 



the "Ba s ic Recruit Training 



Law Enforc e m e nt" cours e . 



Basic Law Enforcement Training Course. Th e grad e l e v e l 
r e sults on e ach train ee shall b e submitt e d to th e Commission as 
an attachm e nt to th e Po s t d e liv e r)' R e port of Training Cour se 
Pr ese ntation (Form F 10). 

(e) Th e school s hall not admit any individual as a train ee in 
a — pr e s e ntation — of th e — "Basic — R e cruit — Training — ■ — Law 
Enforc e ment"cour se unl e ss as a pr e r e quisite th e individual has 
provid e d — te — the — c e rtifi e d — s chool — dir e ctor — a — M e dical 



Examination R e port Form in complianc e with 12 NCAC 9B 
.0101. prop e rly compl e t e d by a physician lic e ns e d to practic e 
m e dicin e in North Carolina; how e v e r, th e Dir e ctor of th e 
Standards Division is authoriz e d to grant an e xc e ption to this 
r e quir e ment — w+iere — the — school — dir e ctor — can — docum e nt 

e xceptional — or e m e rg e ncy — circumstanc e s. The — M e dical 

Examination R e port Form r e quir e d by th e North Carolina 
Sh e riffs Education and Training Standards Commission shall 
be — r e cogniz e d — by th e — Commission — for th e — purpos e — ef 
complying with this Rule. The school shall not admit any 
individual as a trainee in a presentation of the Basic Law 
Enforcement Training Course unless as a prerequisite the 
individual has provided to the certified school director a 
medical examination report, properly completed by a physician 
licensed to practice medicine jn North Carolina, to determine 
the individual's fitness to perform the essential job functions 
of a criminal justice officer. The Director of the Standards 
Division is authorized to grant an exception to this requirement 
where the school director can document exceptional or 
emergency circumstances. 

Authorin'G.S. 17C-6: 17C-10. 



.0204 TRAINING COURSE ENROLLMENT 

(a) Any school offering a criminal justic e training course 
Basic Law Enforcement Training Course shall have enrolled 
1 trainees in the offering. 

(b) In the event of exceptional or emergency circumstances 
documented by the school director, the Director of the 
Standards Division may grant written approval for the 
reduction of the minimum trainee requirement in a designated 
course presentation. 

(c) The school ma\ not enroll any trainee later than the 
initial da\ ot deliver} of an accredited training course unless 
the trainee's enrollmen; is pursuant to an authorization of 
limited enrollment in a subsequent course pursuant to Rule 
.0405 of this Subchapter or pursuant to prescribed 
supplementar>' or remedial training required pursuant to Rule 
.0402 of this Subchapter. 

(d) The school may not enroll more than 18 trainees in a 
presentation of the "Criminal Justice Instructor Training 
Course" as constituted under Rule .0209 of this Section. 



AiilhohtyG.S. 17C-6. 

.0205 BASIC LAW ENFORCEMENT TRAINING 

(a) The basic training course for law enforcement officers 
consists of instruction designed to provide the trainee with the 
skills and knowledge to perform those tasks essential to 
function in law enforcement. 

(b) The course entitled "Basic Recruit Training Law 

Enforc e m e nt" "Basic Law Enforcement Training" shall consist 
of a minimum of 460 602 hours of instruction and shall 
include the following identified topic topical areas and 
minimum instructional hours for ar e a: each: 



(^ 

(^ 
(^ 

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<4+4 

f444 

H^ 

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km 

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Course Ori e ntation 2 Hours 

Constitutional Law 4 Hours 

Laws of Arr e st. S e arch and S e izur e 16 Hours 

M e chanics of Arr e st: Arrest Proc e dur e s 8 Hours 
Law Enforc e m e nt Communications and Information 

Syst e ms 4 Hours 

El e m e nts of Criminal Law 24 Hours 

D e f e nsiv e Tactic s 16 Hours 

Juv e nil e Laws and Procedures 8 Hours 

First R e spond e r , 40 Hours 

Fir e arms 4 Hour s 

Patrol T e chniqu e s 16 Hours 

Crim e Pr e v e ntion T e chniqu e s 4 Hours 

Fi e ld Not e taking and R e port Writing 12 Hours 

M e chanics of Arr e st; V e hicl e Stops 6 Hours 

M e chanic s of Arr e st; Custody Procedures 2 Hours 

M e chanics of Arr e st; Proc e s s ing Arr e st ee 4 Hours 

Crisis Manag e m e nt 10 Hours 

Sp e cial Populations 12 Hours 

Civil Disord e r s 8 Hours 
Criminal Inv e stigation 

Int e rvi e ws: Fi e ld and In Custody 8 Hours 

Controll e d Sub s tanc es 6 Hours 

ABC Laws and Proc e dur e s 4 Hours 
El e ctrical and Hazardous Mat e rials 

Em e rgencies 12 Hours 

Motor V e hicl e Laws 3 Hours 

T e chniqu e s of Traffic Law Enforc e m e nt 6 Hour s 

Traffic Accid e nt Inv e stigation 20 Hours 

Law Enforc e m e nt Driver Training 44 Hours 
Pr e paring for Court and T e stifying in Courtl2 Hours 



D e aling with Victims and th e Public 
Ethics of Prof e ssional Law Enforc e m e nt 
T e sting 
Physical Fitn e ss 



UJ LEGAL UNIT 



ID 



4 Hours 

4 Hours 

13 Hours 

4 3 Hour s 



20 Hours 



Motor Vehicle Laws 
Preparing for Court and Testifv'ing 
in Court 

Elements of Criminal Law 
Juvenile Lau s and Procedures 
Arrest, Search and Seizure/Constitutional 



12 H ours 

24 Hours 

8 Hours 



Law 

ABC Laws and Procedures 

UNIT TOTAL 



28 Hours 

4 Hours 

96 Hours 



1619 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



t2j PATROL DUTIES UNIT 



£4} 



£5} 






Techniques of Traffic Law 

Enforcement 24 Hours 

Explosives and Hazardous Materials 

Emergencies 12 Hours 

Traffic Accident Investigation 20 Hours 

In-Custody Transportation 8 Hours 

Crowd Management 12 Hours 

Patrol Techniques 

Law Enforcement 
information Systems 
UNIT TOTAL 
ENFORCEMENT 

(A) Dealing with Victims and the Public 10 Hours 

(B) Domestic Violence Response 12 Hours 

(C) Ethics for Professional Law 
Enforcement 4 Hours 

(D) Individuals with Mental Illness and Mental 
Retardation 8 Hours 
Crime Prevention Techniques 6 Hours 
Communication Skills for Law Enforcement 

8 Hours 



m 
m 

£Q 
ID] 

(E) 
£D 

13J LAW 
UNIT 



20 Hours 


Communication and 


8 Hours 


104 Hours 


COMMUNICATION 



£Ej 

ID 



Officers 
UNIT TOTAL 



48 Hours 



INVESTIGATION UNIT 

(A) Fingerprinting and Photographing An^jtfaaurs 
Field Note-taking and Report Writin)i2 Hours 



£B} 

ID 

ID} 



Criminal Investigation 



32 Hours 



Interviews: Field and In-Custodv 16 Hours 



Controlled Substances 



UNIT TOTAL 
PRACTICAL APPLICATION UNIT 



(D] 



(E) 



First Responder 
Firearms 

Law Enforcement Driver Training 
Physical Fitness 
(i) Fitness Assessment and 



tiD 



Testing 

1 hour - 3 daN 



s a week 



Subject Control Arrest Techniques 
UNIT TOTAL 



40 Hours 

48 Hours 

40 Hours 

8 Hours 

12 Hours 

34 Hours 

40 Hours 

222 Hours 



t6j SHERIFF-SPECIFIC UNIT 



(AJ 
LB] 

£Q 



Civil Process 24 Hours 

Sheriffs" Responsibilities: Detention 



Duties 4 Hours 

Sheriffs' Responsibilities: Court 

Duties 6 Hours 

UNIT TOTAL 34 Hours 

COURSE ORIENTATION 2 Hours 

TESTING 20 Hours 

TOTAL COURSE HOURS 602 Hours 



(c) The "Basic Law Enforcement Training Manual" as 
published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any 
later amendments and editions of the incorporated material as 



provided by G.S. I50B-2I.6, to apply as basic curriculum for 
this basic training course for law enforcement officers as 
administered by the Commission. Copies of this publication 
may be inspected at the oftlce of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

114 West Edenton Street 

Old Education Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained from the Academy at the following 
address: 

North Carolina Justice Academy 

Post Office Drawer 99 
Salemburg, North Carolina 28385 

(d) The "Basic Law Enforcement Training Course 
Management Guide" as published by the North Carolina 
Justice Academy is hereby incorporated by reference, and shall 
automatically include any later amendments and editions of the 
incorporated material as provided by G.S. 150B-21.6. to be 
used by certified school directors in planning, implementing 
and delivering basic training courses. Each certified school 
director shall be issued a copy of the guide at the time of 
certification at no cost to the accredited school. The public 
may obtain copies of this guide from the Justice Academy. 



10 Hours 

76 Hours Authorin- G.S. 1 7C-6: 1 7C-10. 



.0206 BASIC TRAINING ~ CORRECTIONAL 
OFFICERS 

(a) The basic training course for correctional officers shall 
consist of a minimum of 160 hours of instruction designed to 
provide the trainee with the skills and knowledge to perform 
those tasks essential to function as a correctional officer. 

(b) Each basic training course for correctional officers shall 
include the following identified topic areas and minimum 
instructional hours for each area: 

( 1 ) The Division of Prisons Employee 

Prison Security Functions and Procedures 

Contraband and Techniques of Search 

Inmate Supervision 

Firearms 

Inmate Classification Process and Programs 4 Hours 

Understanding Inmate Behavior 12 Hours 

Prison Emergency Operations 18 Hours 

Radio Communications. Transporting, and 



(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 



2 Hours 
4 Hours 
8 Hours 
8 Hours 
24 Hours 



Restraints 4 Hours 

(10) Basic Life Support 12 Hours 

(11) Prison Health Services 2 Hours 

(12) Report Writing 6 Hours 

(13) You and the Law 4 Hours 

(14) Interpersonal Communication Skills 16 Hours 

(15) Unarmed Self Defense 18 Hours 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1620 



PROPOSED RULES 



(16) Role of the Correctional Witness 4 Hours 

(17) Disciplinary and Inmate Grievance 

Procedures 4 Hours 

(18) Administrative Matters. Review and 

Testing 10 Hours 

Total 160 Hours 

(c) The "Basic Correction Officer Training Manual" as 
published by the Department of Correction is hereby 
incorporated by reference, and shall automatically include any 
later amendments and editions of the incorporated material as 
provided by G.S. I50B-21.6, to apply as the basic curriculum 
for delivery of correctional officer basic training courses. 
Copies of this publication may be inspected at the office of the 
agency: 

The Office of Staff Development and Training 

North Carolina Department of Correction 

1001 Mountford Avenue 

Raleigh. North Carolina 27626-0540 

and may be obtained from the Department of Correction for 
fifty dollars ($50.00) per copy. 

(d) Commission-accredited schools that are accredited to 
offer the "Basic Training: Correctional Officers" course are: 
The Office of Staff Development and Training of the North 
Carolina Department of Correction. 

(e) Upon successful completion of a commission-accredited 
training course by correctional trainees, the director of the 
school conducting such course shall notify' the Commission of 
the satisfactory achievement of trainees by submitting a 
monthly Report of Training Course Completion. 

Authorities. 17C-6: I7C-I0. 

.0207 BASIC TRAINING - STATE YOUTH 
SERVICES OFFICERS 

(a) The basic training course for state youth services 
officers shall consist of a minimum of 167 hours of instruction 
designed to provide the trainee with the skills and knowledge 
to perform those tasks essential to function as a state youth 
services officer 

(b) Each basic training course for state youth services 
officers shall include training in the following identified 
topical areas: 



(1) Basic Orientation 

(2) Juvenile Law & The Juvenile Justice 
System 

(3) Institutional Operations and Program 
Orientation 

(4) Medical Emergencies and Other Unusual 
Problems 

(5) Supervision and Leadership 

(6) Psychological Factors in Delinquency 

(7) Special Issues of Delinquent Adolescents 

(8) Sociological Factors in Delinquency 

(9) Issues in Institutionalization 



1 1 Hours 



9 Hours 



25 Hours 


1 1 Hours 


6 Hours 


14 Hours 


7 Hours 


7 Hours 


7 Hours 



(10) Introduction to Counseling 7 Hours 

(11) Counseling Techniques 7 Hours 

(12) Theories of Counseling and Psychotherapy 7 Hours 

(13) Group Counseling & Counseling 

Practicum 14 Hours 

(14) Team-Building 7 Hours 

(15) Interpersonal Communications Theory and 

Skills " 14 Hours 

(16) Group Problem Solving 7 Hours 

(17) Handling Job Stress 4 Hours 

(18) Review and Examinations 3 Hours 
(c) Upon successful completion of a commission-accredited 

training course by state youth services, the director of the 
school conducting such course shall notil\' the Commission of 
the satisfactory achievement of trainees by submitting a 
monthly Report of Training Course Completion. 

Authority- G.S. 17C-6. 



.0208 BASIC TRAINING -- PROBATION/PAROLE 
OFFICERS 

(a) The basic training course for Probation/Parole Officers 
and Intake Officers shall consist of a minimum of 160 hours of 
instruction designed to provide the trainee with the skills and 
knowledge to perform those tasks essential to function as a 
probation/parole or intake officer. 

(b) Each basic training course for Probation/Parole Officers 
and Intake Officers shall include training in the following 
identified topical areas: 

( 1 ) Orientation to DAPP Organization, Policy, and 
Procedure 1 2 Hours 

(2) Legal Considerations for the Probation/Parole 
Officer 20 Hours 
to include as a minimum the following subject areas: 

(A) Introduction to the Legal System 

(B) Legalities of Pre-sentence & Pre-diagnostic 
Investigations 

(C) Probation Law 

(D) Parole Law 

(3) Oftlcer-Probationer/Parolee Relations 
to include as a minimum the following 

subject areas: 28 Hours 

(A) Understanding Probationer/Parolee Behavior 

(B) Counseling Methodologies 

(C) Crisis Intervention and Domestic Disputes 

(D) Counseling Substance Abuse Cases 

(E) Interview Techniques 

(F) Probationer/Parolee Supervision 

(4) Administrative and Probationer/Parolee 
Management 32 Hours 
to include as a minimum the following subject areas: 

(A) Case Management 

(B) Processing New Parole Cases 

(C) Parole Violations and Revocations 

(D) Community Resources Management 

(E) Processing Probation Cases 

(5) Defensive Protection 30 Hours 
to include as a minimum the following subject areas: 



J621 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



(A) Arrest Procedures 

(B) Unarmed Self-Defense 

(C) Personal Protection 

(6) Courtroom Preparation and Demeanor 
to include as a minimum the following 

subject areas: 8 Hours 

(A) Public Speaking 

(B) Role of the Probation/Parole Witness 

(C) Moot Court 

(7) Drug Identification 4 Hours 

(8) Basic Life Support 8 Hours 

(9) Physical Fitness Education 12 Hours 
( 1 0) Administrative Matters. Review, and 

Testing 6 Hours 

TOTAL 160 Hours 

(c) Upon successful completion of a commission-accredited 
training course by probation/parole trainees, the director of the 
school conducting such course shall notify the Commission of 
the satisfactor\ achievement of trainees by submitting a 
monthly Report of Training Course Completion. 



( 1 ) Orientation/Pretest 

(2) Range Operations 

(3) Civil Liability 

(4) Night Firing 

(5) Combat Shooting 

(6) Mental Conditioning 

(7) Shotgun Operation and Firing 

(8) Service Handgun - Operation and Use 

(9) Rifle - Operation and Maintenance 

(10) Service Handgun - Maintenance and 
Cleaning 

(11) Range Medical Emergencies 

(12) In-Service Firearms Requirements 

(13) BLET Lesson Plan Review/Post Test 
(e) The "Specialized Firearms Instructor Training Manual" 

as published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any 
later amendments and editions of the incorporated material as 
provided by G.S. 150B-21.6, to apply as the basic curriculum 
for delivery of specialized firearms instructor training courses. 
Copies of this publication may be inspected at the agency: 



8 


Hours 


38 


Hours 


4 


Hours 


2 


Hours 


8 


Hours 


1 Hour 


4 


Hours 


5 


Hours 


4 


Hours 


2 


Hours 


-1 


Hours 


2 


Hours 


3 


Hours 



Author in- G.S. 17C-6: 17C-10. 



.0226 



SPECIALIZED FIREARMS INSTRUCTOR 
TRAINING 

(a) The instructor training course requirement for 
specialized firearms instructor certification shall consist of a 
minimum of 83 hours of instruction presented during a 
continuous period of not more than two weeks. 

(b) Each specialized firearms instructor training course 
shall be designed to provide the trainee with the skills and 
knowledge to perform the function of a criminal justice 

firearms instructor in a "Basic R e cruit Training Law 

Enforc e m e nt" cours e Basic Law Enforcement Training Course 
or a "Law Enforcement Officers's In-Service Firearms 
Training and Qualification Program". 

(c) Each applicant for specialized firearms instructor 
training shall: 

(1) have completed the criminal justice general 
instructor training course; and 

(2) present a written endorsement by a certified school 
director indicating the student will be utilized to 
instruct firearms in "Basic R e cruit Training Law 
Enforc e m e nt" courses; the Basic Law Enforcement 
Training Course; or 

(3) present a written endorsement by a department head 
or certified school director indicating the student 
will be utilized to instruct firearms in a "Law 
Enforcement Officer's In-Service Firearms Training 
and Qualification Program"; and 

(4) possess a curr e nt valid CPR C e rtification. 
Certification that included cognitive and skills 
testing. 

(d) Each specialized firearms instructor training course 
shall include as a minimum the following identified topic areas 
and minimum instructional hours for each area: 



Criminal Justice Standards Division 

North Carolina Department of Justice 

114 West Edenton Street 

Old Education Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at no cost to the student from the 
Academy at the following address: 

North Carolina Justice Academy 
Post Office Box 99 

Salemburg, North Carolina 28385 

(f) Commission-accredited schools that are accredited to 
offer the "Specialized Firearms Instructor Training" Training 
Firearms" course are: The North Carolina Justice Academy. 

Author in- G.S. 17C-6. 

.0221 SPECIALIZED DRIVER INSTRUCTOR 
TRAINING 

(a) TTie instructor training course required for specialized 
driver instructor certification shall consist of a minimum of 35 
hours of instruction presented during a continuous period of 
not more than one week. 

(b) Each specialized driver instructor training course shall 
be designed to provide the trainee with the skills and 
knowledge to perform the function of a criminal justice driver 
instructor in a "Ba s ic R e cruit Training — Law Enforcem e nt" 
cours e . Basic Law Enforcement Training Course. 

(c) Each applicant for specialized driver instructor training 
shall: 

( 1 ) have completed the criminal justice general 
instructor training course; 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1622 



PROPOSED RULES 



(3) 
(4) 



(5) 



(2) present a written endorsement by a certified school 
director indicating the student will be utilized to 
instruct driving in "Basic R e cruit Training Law 
Enforc e m e nt" — cour se s; Basic Law Enforcement 
Training Courses; 

possess a valid operator driver's license; 
maintain a safe driving record where no more than 
four points have been assigned against the driving 
record within the past three years; and 
possess a current valid CPR C e rtification. 
Certification that included cognitive and skills 
testing , 
(d) Each specialized driver instructor training course shall 

include as a minimum the following identified topic areas and 

minimum instructional hours for each area: 
( 1 ) Orientation 

Lesson Plan Review (BLET) 

General Mechanical Knowledge 

Before - Operation Inspection 

Laws of Natural Force & Operating 

Characteristics 

Driv e r Practicum Driver Practicum/ 

Pre-Test 



(2) 
(3) 
(4) 
(5) 



1 Hour 
4 Hours 
2 Hours 

1 Hour 

4 Hours 



(6) 

(7) 



1 6 Hours 



Fundamentals of Professional Liability 
for Trainers 4 Hours 

(8) Course Review/State Exam 3 Hours 

(e) The "Specialized Driver Instructor Training Manual" as 
published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any 
later amendments and editions of the incorporated material as 
provided b\ G.S. 150B-21.6, to apply as the basic curriculum 
for delivery of specialized driver instructor training courses. 
Copies of this publication may be inspected at the agency: 
Criminal Justice Standards Division 
North Carolina Department of Justice 
1 1 4 West Edenton Street 
Old Education Building 
Post Office Drawer 149 
Raleigh. North Carolina 27602 
and may be obtained at no cost to the student from the 
Academy at the following address: 

North Carolina Justice Academy 

Post Office Box 99 
Salemburg. North Carolina 28385 
(0 Commission-accredited schools that are accredited to 
offer the "Specialized Driver Instructor Training" Training 
Driving" course are: The North Carolina Justice Academy and 
The North Carolina State Highway Patrol. 

Authority- G.S. 17C-6. 

.0228 BASIC TRAINING -WILDLIFE 
ENFORCEMENT OFFICERS 

(a) The basic training course for wildlife enforcement 
officers appointed by the Wildlife Resources Commission as 
authorized under General Statute 113-136 shall consist of a 
minimum of 556 hours of instruction designed to provide the 



trainee with the skills and knowledge to perform those tasks 
essential to function as a wildlife enforcement officer. 

(b) Each basic training course for wildlife enforcement 
officers shall include the following identified topical areas and 
minimum instructional hours for each area: 



(1) 
(2) 

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(4) 

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(39) 
(40} 



Course Orientation 

Arrest Search & Seizure/ Constitutional 

Law 

Laws of Arr e st. S e arch and D e t e ntion 

M e chanics of Arrest. Arr e st Proc e dures 

Law Enforcement Communications and Information 

System 4 8 Hours 

Elements of Criminal Law 24 Hours 

D e f e nsiv e Tactic s Subject Control/Arrest 



2 4 Hours 

4 28 Hours 

16 Hours 

8 Hours 



^ 48 Hours 

8 Hours 

40 Hours 

40 60 Hours 

40 12 Hours 

16 Hours 

12 Hours 

+0 12 Hours 
12 Hours 



Techniques 

Juvenile Law and Procedures 

First Responder 

Firearms 

Hunter Safety 

Patrol Techniques 

Field Notetaking and Report Writing 

Crisis Manag e m e nt Domestic Violence 

Response 

Criminal Investigation 

Field & Custodial Interviews Interviews; Fi e ld and 

In Cu s tody 8 16 Hours 

Controlled Substances 610 Hours 

ABC Laws and Procedures 4 Hours 

El e ctrical and Explosives & Hazardous Materials 

Em e rg e nci e s 12 Hours 

Law Enforcement Drivers Training 40 48 Hours 

Preparing for Court and Testifying in 

Court 12 Hours 

Game and Fish Laws 36 Hours 

Motorboat Laws 12 Hours 

Boating Procedures & Small Boat 

Handling 20 Hours 

Dealing with Problem Animal Situations 4 Hours 

Basic Field Identification of Fishes 6 Hours 



Basic Field Identification of Game Animals, Game 



Birds and Non-Game Animals 

Identification of Migratory Waterfowl 

Endangered Species 

Trapping 

Water Safety and Swimming 

Knotsmanship. A Practical Use of Rope 

Wildlife Law Enforcement and the Media 

Motorboat Accident Investigation 

Civil Disord e rs Crowd Management 

Radiological Monitoring 

Covert Activities 

Basic Photography 

Motor Vehicle Laws 

DWI Enforc e m e nt 

Physical Training 

Standardized Field Sobriety Training 

Ethics 



2 Hours 

2 Hours 

2 Hours 

8 Hours 

16 Hours 

2 Hours 

8 Hours 

12 Hours 

12 Hours 

+612 Hours 

2 Hours 

8 4 Hours 

6 20 Hours 

2 Hour s 

60 Hours 

32 Hours 

4 Hours 



1623 



NORTH CAROLINA REGISTER 



April I, 1999 



13:19 



PROPOSED RULES 



(c) The "Wildlife Basic Training Manual" as published b\ 
the North Carolina Wildlife Resources Commission is hereby 
incorporated by reference, and shall automatically include any 
later amendments and editions of the incorporated material as 
provided by G.S. I50B-21.6. to apply as the basic curriculum 
for delivery of wildlife enforcement officer basic training 
courses. Copies of this publication ma\ be inspected at the 
office of the agency; 

The Division of Enforcement Training Office 

North Carolina Wildlife Resources Commission 

512 North Salisbur> Street 

Raleigh, North Carolina 27604 

and may be obtained from the Wildlife Resources Commission 

for ninety-five dollars ($95.00) per copy. 

(d) Commission-accredited schools that are accredited to 
offer the "Basic Training: Wildlife Enforcement Officers" 
course are: The Division of Enforcement Training Office of 
the North Carolina Wildlife Resources Commission. 

Author In- G.S. 17C-6: 17C-10. 

.0232 SPECIALIZED SUBJECT CONTROL 

ARREST TECHNIQUES INSTRUCTOR 
TRAINING 

(a) The instructor training course required for specialized 
d e f e n s iv e tactics subject control arrest techniques instructor 
certification shall consist of a minimum of 4© 80 hours of 
instruction presented during a continuous period of not more 
than on e w ee k, two weeks. 

(b) Each specialized d e f e nsiv e tactics subject control arrest 
techniques instructor training course shall be designed to 
provide the trainee with the skills and knowledge to perform 
the function of a criminal justice d e f e n s iv e tactic s subject 
control arrest techniq ues instructor in a "Ba si c — R e cruit 
Training Law Enforc e m e nt" cours e . Basic Law Enforcement 
Training Course. 

(c) Each applicant for specialized d e f e nsiv e tactics subject 
control arrest techniques instructor training shall: 

(1) have completed the criminal justice general 
instructor training course; 

(2) present a letter from a licensed ph\sician stating the 
applicant's physical fitness to participate in the 
course; 

(3) present a written endorsement by a certified school 
director indicating the student will be utilized to 
instruct d e f e nsiv e — tactics — m — "Basic — R e cruit 
Training Law Enforc e m e nt" courses subject control 
arrest techniques in Basic Law Enforcement 
Training Courses; and 

(4) possess a curr e nt valid CPR C e rtification. 
Certification that included cognitive and skills 
testing. 

(d) Each specialized d e f e n s iv e tactics subject control arrest 
techniques instructor training course shall include as a 
minimum the following identified topic areas and minimum 
instructional hours for each area: 

fH Ori e ntation/Pr e t e st 1 Hours 



m 
m 

(10) 

ou 



Civil Liability 4 Hours 

4 Hour s 



Saf e ty Rules 2 Hours 

L e sson Plan R e vi e w (BLET ) 2 Hours 
D e f e nsiv e Tactic s In s tructional M e thods 21 Hours 

Orientation I Hour 

Skills Pre-Test 1 Hour 

Student Instructional Practicum 3 Hours 

Practical Skills Evaluation 3 Hours 

Response to Injury 4 Hours 
Importance of Being Physically Fit and Conducting 

Safe Warm-Up Exercises 12 Hours 

Safet\' Guidelines/Rules 2 Hours 



Practical Skills Enhancement 



4 Hours 



Subject Control/Arrest Techniques Practical Skills 
and Instructional Methods 44 Hours 

Fundamentals of Professional Liability For Law 
Enforcement Trainers 4 Hours 

State Comprehensive Examination/Course 
Closing 
TOTAL 



2 Hours 
80 Hours 

(e) The "Specialized D e f e nsiv e Tactics Subject Control 
Arrest Techniques Instructor Training Manual" as published 
by the North Carolina .lustice Academy is hereby incorporated 
by reference, and shall automatically include any later 
amendments and editions of the incorporated material as 
provided by G.S. I50B-21.6. to appK as the basic curriculum 
for delivery of specialized d e f e nsiv e tactics subject control 
arrest techniques instructor training courses. Copies of this 
publication may be inspected at the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 1 4 West Edenton Street 

Old Education Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at no cost to the student from the 

Academy at the follow ing address: 

North Carolina Justice Academy 

Post Office Box 99 
Salemburg. North Carolina 28385 

(f) Commission-accredited schools that are accredited to 
offer the "Specialized Subject Control Arrest Techniques 
Instructor Training" Training Def e nsiv e Tactics" course are: 
The North Carolina Justice Academy. 

Authority- G.S. I7C-6. 

.0233 SPECIALIZED PHYSICAL FITNESS 
INSTRUCTOR TRAINING 

(a) The instructor training course required for specialized 
physical fitness instructor certification shall consist of a 
minimum of 4# 47 hours of instruction presented during a 
continuous period of not more than one week. 

(b) Each specialized physical fitness instructor training 
course shall be designed to provide the trainee with the skills 
and knoyvledge to perform the function of a criminal justice 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1624 



PROPOSED RULES 



physical fitness instructor in a "Basic Recruit Training — taw 
Enforcement" — Cours e . Basic Law Enforcement Training 
Course. 

(c) Each applicant for specialized physical fitness training 
shall: 

( 1 ) qualify through one of the following three options: 

(A) have completed the criminal justice general 
instructor training course; or 

(B) hold a current and valid North Carolina 
Teacher's Certificate and hold a minimum of 
a baccalaureate degree in physical education 
and be actively teaching in physical education 
topics; or 

(C) be presently instructing physical education 
topics in a community college, college or 
university and hold a minimum of a 
baccalaureate degree in physical education; 
and 

(2) present a written endorsement by a certified school 
director indicating the student will be utilized to 
instruct physical fitness in "Ba s ic Recruit Training — 
Law Enforc e m e nt" cours e s; Basic Law Enforcement 
Training Courses; and 

(3) present a letter from a physician stating fitness to 
participate in the course; and 

(4) possess a curr e nt valid CPR C e rtification. 
Certification that included cognitive and skills 
testing. 

(d) Each specialized physical fitness instructor training 
course shall include as a minimum the following identified 
topic areas and minimum instructional hours for each area: 

( 1 ) Orientation 1 Hour 3 Hours 

(2) Lesson Plan Review 3 4 Hours 

(3) Physical Fitness Assessments, Exercise Programs 
and Instructional Methods 2% 2A Hours 

(4) Injury Care and Prevention i 4 Hours 

(5) Nutrition ^6 Hours 

(6) Civil Liabilities for Trainers i 2 Hours 
tH CVD Risk Factors 2 Hours 

ffl(8) Examination State Examination 2 Hours 



TOTAL 



47 Hours 



(e) The "Physical Fitness Instructor Training Manual" as 
published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any 
later amendments and editions of the incorporated material as 
provided by G.S. 150B-21.6, to apply as the basic curriculum 
for delivery of specialized physical fitness instructor training 
courses. Copies of this publication may be inspected at the 
agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

114 West Edenton Street 

Old Education Building 

Post Office Drawer 1 49 

Raleigh, North Carolina 27602 

and may be obtained at no cost to the student from the 
Academy at the following address: 



North Carolina Justice Academy 

Post Office Box 99 
Salemburg, North Carolina 28385 
(f) Commission-accredited schools that are accredited to 
offer the "Specialized Phvsical Fitness Instructor Training" 

Training Physical Fitn ess " course are: The North Carolina 

Justice Academy. 

Authority G.S. 17C-6. 

SECTION .0300 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE CERTIFICATION 

.0302 GENERAL INSTRUCTOR CERTIFICATION 

Certifications issued in this category after December 31, 
1984 shall be limited to those topics which are not expressly 
incorporated under the Specific Instructor Certification 
category. Individuals certified under the general instructor 
category are not authorized to teach any of the subjects 
specified in Rule .0304. entitled "Specific Instructor 
Certification". To qualify' for issuance of General Instructor 
Certification, an applicant shall demonstrate a combination of 
education and experience in criminal justice and proficiency in 
the instructional process to the satisfaction of the Commission. 
At a minimum, the applicant shall meet the following 
requirements for General Insfructor Certification: 

( 1 ) Present documentary evidence showing that the 
applicant: 

(a) is a high school graduate, or has passed the 
General Education Development Test (GED) 
indicating high school equivalency, and has 
acquired four years of practical experience as 
a criminal justice officer or as an 
administrator or specialist in a field directly 
related to the criminal justice system; or 

(b) has been awarded an associate degree and has 
acquired three years of practical experience as 
a criminal justice officer or as an 
administrator or specialist in a field directly 
related to the criminal justice system; or 

(c) has been awarded a baccalaureate degree and 
has acquired two years of practical experience 
as a criminal justice officer or as an 
administrator or specialist in a field directly 
related to the criminal justice system; or 

(d) has been awarded a graduate/professional 
degree and has acquired one year of practical 
experience as a criminal justice officer or as 
an administrator or specialist in a field 
directly related to the criminal justice system. 

(2) Present evidence showing successful completion of 
a commission-accredited instructor training program 
or an equivalent instructor training course as 
determined by the Commission. Applicants who 
hold curr e nt G e n e ral Instructor C e rtification und e r 
any — previously — commi s sion adopt e d — instructor 
c e rtification program shall r e c e ive r e cognition for 
any previously compl e t e d commission accr e dit e d 



1625 



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13:19 



PROPOSED RULES 



) 



instructor training cours e s or pr e viously r e cogniz e d 

e quival e nt th e r e of. AW — applicant s — Hwst — have 

previou s ly compl e t e d an instructor training cour se 
within — the — twelv e — month — p e riod — pr e c e ding 



application. 



P e rsons — having — compl e t e d — a 



commission accr e dit e d in s tructor training cours e or 



an — e quiva 



4enf- 



mstructor — trammt; — cours e 



d e t e rmin e d by the Commission and not having mad e 
application within tw e lv e month s of compl e tion of 



the — cours e — shaH compl e t e 



subsequent 



commi s sion accr e dit e d instructor training cour se in 
its e ntir e ts'. Commission: 
(a) applications for 
Certification shall 



Instructor 



General 

be submitted to the 



Standards Division within sixty davs of the 
date the applicant successfully passed the 
state comprehensive examination 

administered at the conclusion of the 
commission-accredited instructor training 
program or an equivalent instructor training 
course as determined by the Commission, 
(b) persons having completed a commission- 
accredited instructor training course or an 
equivalent instructor training course as 
determined by the Commission and not 
having made application within sixty days of 
completion of the course shall complete a 
subsequent commission-accredited instructor 
training course in its entirety. 

Authority G.S. 1 7C-6. 

.0303 TERMS AND CONDITIONS OF GENERAL 
INSTRUCTOR CERTIFICATION 

(a) An applicant meeting the requirements for certification 
as a general instructor shall, for the first 12 months of 
certification, be in a probationary status. The General 
Instructor Certification. Probationary Status. shall 
automatically expire 12 months from the date of issuance. 

(b) The probationary instructor will be eligible for full 
general instructor status, if the instructor through application at 
the end of the probationary period, submits to the Commission: 

( 1 ) a favorable recommendation from a school director 
accompanied by certification on a 
commission-approved Instructor Evaluation Form 
that the instructor successfully taught a minimum of 
eight hours in a commission-accredited course or a 
commission-recognized in-service training course 
during the probationary year. The results of the 
student evaluation of the instructor must be 
considered by the school director when determining 
recommendation: or 

(2) a favorable written evaluation by a commission or 
staff member, based on an on-site classroom 
evaluation of the probationary instructor in a 
commission-accredited course or a 
commission-recognized in-service training course. 



Such evaluation will be certified on a 
commission-approved Instructor Evaluation Form. 
In addition, instructors evaluated by a commission 
or staff member must also teach a minimum of eight 
hours in a commission-accredited training course or 
a commission-recognized in-service training course. 

(c) The term of certification as a general instructor is two 
years from the date the Commission issues the certification. 
The certification may subsequently be renewed by the 
Commission for two-year periods. The application for renewal 
shall contain, in addition to the requirements listed in Rule 
.0302 of this Section, documentary evidence indicating that the 
applicant has remained active in the instructional process 
during the previous two-year period. Such documentary 
evidence shall include, at a minimum, the following: 

(1) proof that the applicant has. within the two-year 
period preceding application for renewal, instructed 
a minimum of eight hours in a 
commission-accredited training course or a 
commission-recognized in-service training course: 
and either 

(2) a favorable written recommendation from a school 
director accompanied by certification on a 
commission-approved Instructor Evaluation Form 
that the instructor successfully taught a minimum of 
eight hours in a commission-accredited training 
course or a commission-recognized in-service 
training course during the two-year period of general 
certification; or 

(3) a favorable evaluation b\ a commission or staff 
member, based on an on-site classroom evaluation 
of a presentation by the instructor in a 
commission-accredited training course or a 
commission-recognized in-service training course, 
during the two-\ear period of General Instructor 
Certification. In addition, instructors evaluated by a 
commission or staff member must also teach a 
minimum of eight hours in a commission-accredited 
training course or a commission-recognized 
in-service training course. 

(d) All instructors shall remain active during their period of 
certification. If an instructor does not teach a minimum of 
eight hours during the period of certification, the certification 
shall not be renewed, and the instructor shall file application 
for General Instructor Certification. Probationary Status. Such 
applicants shall be required to meet the minimum requirements 
ofRule .0302 of this Section. 

(e) The use of guest participants in a delivery of the "Ba s ic 
R e cruit — Training Law — Enforc e m e nt — Cours e " Basic Law 
Enforcement Training Course is permissible. However, such 
guest participants are subject to the direct on-site supervision 
of a commission-certified instructor and must be authorized by 
the school director. A guest participant shall onK be used to 
complement the primary certified instructor of the block of 
instruction and shall in no way replace the primary instructor. 

(f) For purposes of this Section, "commission-recognized 
in-service training" shall mean any training for which the 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1626 



PROPOSED RULES 



instructor is evaluated by a certified school director on a 
commission-approved Instructor Evaluation Form. Such 
training shall be objective based and documented by lesson 
plans designed consistent with the Basic Law Enforcement 
Training format and documented by departmental training 
records to include recfuired post-test and testing methodology. 
The signature of the school director on the 
Commission-approved Instructor Evaluation Form shall verify 
compliance with this Rule. 

Authority G.S. I7C-6. 

.0304 SPECIALIZED INSTRUCTOR 
CERTIFICATION 

(a) The Commission may issue a Sp e cific Specialized 
Instructor Certification to an applicant who has developed 
specific motor-skills and abilities by virtue of special training 
and demonstrated experience in one or more of the following 
topical areas: 

(1) D e f e nsiv e Tactic s Subject Control Arrest 

Techniques 

First Responder 

Firearms 

Law Enforcement Driver Training 

Physical Fitness 

Firearms (DOC) 



(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
(b) 



Unarmed Self-Defense (DOC/DYS) 

Medical Emergencies (DYS) 

Electrical and Hazardous Materials Emergencies 

To qualify for Sp e cific Specialized Instructor 
Certification, with the exception of the First Responder. 
Physical Fitness, and Electrical and Hazardous Materials 
Emergencies topical areas as outlined in Rule .0304 (d), {e) 
(e). and (0 of this Section, an applicant must meet the 
following requirements: 

( 1 ) hold General Instructor Certification, either 
probationary status or full general instructor status, 
as specified in Rule .0303 of this Section; and 

(2) successfully complete the pertinent 
commission-approved sp e cific specialized instructor 
training course; and 

(3) obtain the recommendation of a 
commission-recognized school director 

(c) To qualify for and maintain any Sp e cific Specialized 
Instructor Certification, an applicant must possess a curr e nt 
valid CPR C e rtification. Certification that included cognitive 
and skills testing. 

(d) To qualify for Sp e cific S pecialized Instructor 
Certification in the First Responder topical area, an applicant 
is not required to meet the standards for issuance of General 
Instructor Certification, but must qualify through one of the 
following two options: 

{ I ) The first option is: 

(A) hold current CPR instructor certification 
through either the American Red Cross or the 
American Heart Association; and 

(B) hold current basic Emergency Medical 
Technician certification; and 



(C) have successfully completed the Department 
of Transportation's 40 hour EMT Instructor 
Course or equivalent within the last three 
years or hold a current North Carolina 
teaching certificate. 
(2) The second option is: 

(A) hold General Instructor Certification, either 
probationary status or full general instructor 
status, as specified in Rule .0303 of this 
Section; and 

(B) hold current CPR instructor certification 
through either the American Red Cross or the 
American Heart Association; and 

(C) hold current basic EMT certification. 

(e) To qualify for Sp e cific Specialized Instructor 
Certification in the Physical Fitness topical area, an applicant 
may become certified through one of the following two 
methods: 

( 1 ) The first method is: 

(A) hold General Instructor Certification, either 
probationary status or full general instructor 
status, as specified in Rule .0303 of this 
Section; and 

(B) successfully complete the pertinent 
commission-approved sp e cific specialized 
instructor training course; and 

(C) obtain the recommendation of a 
commission-recognized school director 

(2) The second method is: 

(A) successfully complete the pertinent 
commission-approved specific specialized 
instructor training course; and 

(B) obtain the recommendation of a 
commission-recognized school director; and 

(C) in addition to the requirements of both (2), 
(A) and (B) of this Rule, the applicant must 
meet one of the following qualifications: 

(i) hold a current and valid North Carolina 
Teacher's Certificate and hold a 
minimum of a baccalaureate degree in 
physical education and be actively 
teaching in physical education topics; 
or 

(ii) be presently instructing physical 
education topics in a community 
college, college or university and hold 
a minimum of a baccalaureate degree 
in physical education. 

(f) To qualify for Sp e cific Specialized Instructor 
Certification in the Electrical and Hazardous Materials 
Emergencies topical area, an applicant is not required to meet 
the standards for issuance of General Instructor Certification, 
but must qualify through one of the following two options: 

(1 ) The first option is: 

(A) hold current instructor certification as a First 
Responder Awareness Level Hazardous 
Materials instructor; and 



7627 



NORTH CAROLINA REGISTER 



April I, 1999 



13:19 



PROPOSED RULES 



(B) have successfully completed the Fire Service 
Instructor Methodology Course or the 
equivalent as determined by the Commission. 
(2) The second option is; 

(A) hold General Instructor Certification, either 
probationary status or full general instructor 
status, as specified in Rule .0303 of this 
Section; and 

(B) have successfully completed a First 
Responder Awareness Level Hazardous 
Materials course. 

fg) Any e xisting commission i ss u e d "Sp e cific Instructor 
C e rtification — Physical Fitn e ss" i s su e d prior to July I. 1989 i s 
automatically e xt e nd e d with an e xpiration dat e of June 30, 
1900. Any G e neral Instructor having succ e ssfully compl e t e d 
th e Sp e cializ e d Phy s ical Fitn e ss In s tructor Course and not 
having mad e application, must apply prior to July 1, 1990 in 



Any 



havmg mad e application, must apply prior to July 1,1 
ord e r for such cour se to b e r e cognized for certificat i on 
instructor authoriz e d to i n s truct in a "Basic Recruit Training — 
Law Enforc e m e ntBasic Law Enforc e m e nt Training Cours e " 
cours e aft e r January I. 19 8 9 and b e for e July I, 19 8 9 s hall 
receiv e cr e dit for such t e aching tim e to satisty' th e probationary 
p e riod — r e quir e m e nt s — er — te — obtain — r e newal — ef — "Sp e cific 
Instructor C e rtification — Physical Fitness." 

fl^Kg) To qualify for Sp e cific Specialized Instructor 
Certification in the State Youth Services Medical Emergencies 
topical area, an applicant is not required to meet the standards 
for issuance of General Instructor Certification, but must 
qualif)' in the following manner; 

(1) have successfully completed a 
commission-accredited basic instructor training 
course or an equivalent instructor training course as 
determined by the Commission within the 12 month 
period preceding application; and 

(2) hold current instructor certification in CPR and First 
Aid by fulfillment of the American Red Cross 
Instructor requirements. 



Authohn'G.S. 17C-6. 



.0305 



CONDITIONS OF 

INSTRUCTOR 



TERMS AND 

SPECIALIZED 

CERTIFICATION 

(a) An applicant meeting the requirements for Sp e cific 
Specialized Instructor Certification shall be issued a 
certification to run concurrently with the existing General 
Instructor Certification. The applicant must apply for 
certification as a specific specialized instructor within 45 
months 60 days from the date of completion of a s p e cific 
specialized instructor course. 

(b) The terms of certification as a s p e cific specialized 
instructor will be determined by the expiration date of the 
existing General Instructor Certification. The following 
requirements shall apply during the initial period of 
certification; 

(I) where certification for both general probationary 
instructor and Sp e cific Specialized Instructor 



Certification is issued on the same date, the 
instructor will only be required to satisfy the 
teaching requirement for the general probationary 
instructor certification. The instructor may satisfy 
the teaching requirement for the general 
probationary instructor certification by teaching any 
sp e cific specialized topic for which certification has 
been issued; 

(2) when Sp e cific Specialized Instructor Certification is 
issued during an existing period of general 
certification, either probationary status or full 
general status, the s p e cific specialized instructor 
may satisfy the teaching requirement for the general 
certification by teaching the s pecific specialized 
subject for which certification has been issued; 

(3) where Sp e cific Specialized Instructor Certification 
becomes current with an existing 24 month period of 
General Instructor Certification, the instructor must 
teach a minimum of eight hours for each sp e cific 
specialized topic for which certification has been 
issued. 

(c) The term of certification as a sp e cific specialized 
instructor shall not exceed the 24 month period of full General 
Instructor Certification. The certification may subsequently be 
renewed by the Commission at the time of renewal of the full 
General Instructor Certification. The application for renewal 
shall contain, in addition to the requirements listed in Rule 
.0304 of this Section, documentary evidence that the applicant 
has remained active in the instructional process during the 
previous two-year period. Such documentary evidence shall 
include, at a minimum, the following; 

(1) proof that the applicant has. within the two-year 
period preceding application for renewal, instructed 
at least eight hours in each of the topics for which 
Sp e cific Specialized Instructor Certification was 
granted and such instruction must be in a 
commission-accredited training course or a 
commission-recognized in-service training course. 
Acceptable documentary evidence shall include 
official commission records submitted by school 
directors and written certification from a school 
director; and either 

(2) a favorable written recommendation from a school 
director accompanied by certification that the 
instructor successfully taught at least eight hours in 
each of the topics for which Sp e cific Specialized 
Instructor Certification was granted. Such teaching 
must have occurred in a commission-accredited 
training course or a commission-recognized 
in-service training course during the two-year period 
of Sp e cific Specialized Instructor Certification; or 

(3) a favorable evaluation by a commission or staff 
member, based on an on-site classroom evaluation 
of a presentation by the instructor in a 
commission-accredited training course or a 
commission-recognized in-service training course, 
during the two-year period of Sp e cific Specialized 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1628 



PROPOSED RULES 



Instructor Certification. In addition, instructors 
evaluated by a commission or staff member must 
also teach at least eight hours in each of the topics 
for which Sp e cific Specialized Instructor 
Certification was granted. 

(d) All instructors shall remain active during their period of 
certification. If an instructor does not teach at least eight hours 
in each of the topic areas for which certification is granted, the 
certification shall not be renewed for those topics in which the 
instructor failed to successfully teach. Any s p e cific 
specialized instructor training courses previously accepted by 
the Commission for purposes of certification shall no longer 
be recognized if the instructor does not successfulK teach at 
least eight hours in each of the sp e cific specialized topics 
during the two-year period of which certification was granted. 
Upon application for re-certification, such applicants shall be 
required to meet the minimum requirements of Rule .0304 of 
this Section. 

(e) The use of guest participants in a delivery of the "Basic 
R e cruit Training Law Enforc e m e nt Cours e " "Basic Law 
Enforcement Trainin g Course" is permissible. However, such 
guest participants are subject to the direct on-site supervision 
of a commission-certified instructor and must be authorized by 
the school director. A guest participant shall only be used to 
complement the primary certified instructor of the block of 
instruction and shall in no way replace the primary instructor. 

Authority- G.S. 17C-6. 

.0312 INSTRUCTOR CERTIFICATION RENEWAL 

Individuals who hold full-general instructor certification or 
full sp e cific full-specialized instructor certification may. for 
just cause, be granted an extension of the two-year period to 
successfully teach the eight hour minimum requirement. The 
Director may grant such extensions on a one time basis only 
not to exceed 12 months. For purposes of this Rule, just cause 
means accident, illness, emergency, course cancellation, or 
other exceptional circumstances which precluded the instructor 
from fulfilling the teaching requirement. 

Authorities. 17C-6. 

SECTION .0400 - MINIMUM STANDARDS FOR 
COMPLETION OF TRAINING 

.0403 EVALUATION FOR TRAINING WAIVER 

(a) The division staff shall evaluate each law enforcement 
officer's training and experience to determine if equivalent 
training has been satisfactorily completed as specified in Rule 
.0402(a). Applicants for certification with prior law 
enforcement experience shall have been employed in a 
full-time, sworn law enforcement position in order to be 
considered for training evaluation under this Rule. Applicants 
for certification with a combination of full-time and part-time 
experience shall be evaluated on the basis of the full-time 
experience only. The following criteria shall be used by 
division staff in evaluating a law enforcement officer's training 



and experience to determine eligibility for a waiver of training 
requirements: 

( 1 ) Persons having completed a commission-accredited 
basic training program and not having been duly 
appointed and sworn as a law enforcement officer 
within one year of completion of the program shall 
complete a subsequent commission-accredited basic 
training program in its entirety and successfully pass 
the State Comprehensive Examination prior to 
obtaining probationary law enforcement 
certification, unless the Director determines that a 
delay in applying for certification was not due to 
neglect on the part of the applicant, in which case 
the Director may accept a commission-accredited 
basic training program which is over one year old. 
Such extension of the one year period shall not 
exceed 30 days from the expiration date of a 
commission-accredited basic training program. 

(2) Out-of-state transferees shall be evaluated to 
determine the amount and quality of their training 
and experience. Out-of-state transferees cannot 
have a break in service exceeding one year. At a 
minimum, out-of-state transferees shall have two 
years- full-time, sworn law enforcement experience 
and have successfully completed a basic law 
enforcement training course accredited by the State 
from which transferring. Prior to employment as a 
certified law enforcement officer, out-of-state 
transferees must successfully complete the 
employing agency's in-service firearms training and 
qualification program as prescribed in 12 NCAC 9E 
.0100. At a minimum, out-of-state transferees shall 
successfully complete the Legal Unit in a 
commission-accredited training — program — which 
include s th e following e num e rat e d topic s of North 
Carolina law and proc e dur e Basic Law Enforcement 
Training Course as prescribed in 12 NCAC 9B 
.0205(b)( 1 ) and shall successfully pass the State 
Comprehensive Examination in its entirety within 
the 12 month probationar\ period. 

Laws of Arr es t. S e arch and S e izur e 16 Hour s 
El e m e nt s of Criminal Law 34 Hour s 

Juv e nil e Laws and Proc e dur e s 8 Hour s 

Controll e d Sub s tanc e s 6 Hours 

ABC Laws and Proc e dur e s 4 Hours 

Motor V e hicl e Laws 20 Hours 

Total 7 8 Hours 

(3) Persons who have completed a minimum 369-hour 
basic law enforcement training program accredited 
by the North Carolina Criminal Justice Education 
and Training Standards Commission under 
guidelines administered beginning October I. 1984 
and have been separated from a sworn position for 
over one year but less than three years who have had 
a minimum of two years- experience as a full-time, 
sworn law enforcement officer in North Carolina 
shall successfully complete the refresher training 
enumerated in Rule .0403(a)(2) and shall 



1629 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



successfully pass the State Comprehensive 
Examination in its entirety within the 12 month 
probationan' period. Prior to employment as a 
certified law enforcement officer, these persons 
shall successfully complete the employing agency's 
in-service firearms training and qualification 
program as prescribed in 12 NCAC 9E .0100. 

(4) Persons out of the law enforcement profession for 
over one year but less than three years who have had 
less than two years- experience as a full-time, sworn 
law enforcement officer in North Carolina shall 
complete a commission-accredited basic training 
program in its entirety and successfully pass the 
State Comprehensive Examination. 

(5) Persons out of the law enforcement profession for 
over three years regardless of prior training or 
experience shall complete a commission-accredited 
basic training program in its entirety and shall 
successfully pass the State Comprehensive 
Examination. 

(6) Persons who separated from law enforcement 
employment during their probationary period after 
having completed a commission-accredited basic 
training program and who have separated from a 
sworn law enforcement position for more than one 
year shall complete a subsequent 
commission-accredited basic training program in its 
entiretv and successfulK pass the State 
Comprehensive Examination. 

(7) Persons who separated from a sworn law 
enforcement position during their probationary 
period after having successfully completed a 
commission-accredited basic training program and 
who have separated from a sworn law enforcement 
position for less than one year shall serve a new 12 
month probationary period, but need not complete 
an additional training program. 

(8) Persons who have completed a minimum 160-hour 
basic law enforcement training program accredited 
by the North (Carolina Criminal Justice Training and 
Standards Council under guidelines administered 
beginning on July 1, 1973 and continuing through 
September 30, 1978 and who have separated from a 
sworn law enforcement position for over one year 
but less than two years shall be required to complete 
the following portion s Legal Unit and the topical 
area entitled "Law Enforcement Driver Training" of 
a commission-accredited ba s ic training program 
Basic Law Enforcement Training Course as 
prescribed m 12 NCAC 9B .0205(b)(1) and 
.0205(b)(5)(C) and successfully pass the State 
Comprehensive Examination within the 12 month 
probationary period. Prior to e mploym e nt a s a 
c e rtifi e d law e nforcement offic e r, th ese p e rsons 
shall s ucc ess fully compl e t e th e e mploying ag e ncy's 
in service — fir e arms — training — and — qualification 
program as pr e scrib e d in 12 NCAC 9E .0100 . 



Law s of Arr e st, S e arch and Seizure 1 6 Hours 

El e m e nts of Crimina l Law 21 Hours 

Juv e nil e Laws and Procedures 8 Hours 

Controll e d Substanc e s 6 Hour s 

ABC Law s and Proc e dur es 4 Hours 

Motor V e hicl e Law s 20 Hour s 

Law Enforc e m e nt Driv e r Training 16 Hours 

Total 9 4 H ours 

(9) Persons who have completed a minimum 160-hour 
basic law enforcement training program accredited 
by the North Carolina Criminal Justice Training and 
Standards Council under guidelines administered 
beginning on July 1, 1973 and continuing through 
September 30, 1978 and have been separated from a 
sworn law enforcement position for over two years 
shall be required to complete a current 
commission-accredited basic training program in its 
entirety regardless of training and experience and 
shall successfully pass the State Comprehensive 
Examination. 

(10) Persons who have completed a minimum 240-hour 
basic law enforcement training program accredited 
by the North Carolina Criminal Justice Education 
and Training Standards Commission under 
guidelines administered beginning October 1, 1978 
and continuing through September 30, 1984 and 
have been separated from a sworn position over one 
year but less than three years shall be required to 
complete the Legal Unit rn following portions of a 
commission-accredited ba s ic training program Basic 
Law Enforcement Training Course as prescribed in 
12 NCAC 9B .0205(b)(1) and successfully pass the 
State Comprehensive Examination within the 12 
month probationary period. Prior to employm e nt as 
a c e rtifi e d law e nforc e m e nt offic e r, th e s e p e r s ons 
shall successfully complete the employing agency's 
in s e rvice — fir e arms — training — and — qualification 
program as pr es crib e d in 12 NCAC 9E .0100. 
Laws of Arr es t, S e arch and S e izur e 16 Hours 
El e m e nts of Criminal Law 2 4 Hours 
Juv e nil e Laws and Proc e dur es 8 Hour s 
Controll e d Substanc e s 6 Hour s 
ABC Laws and Proc e dur es 4 Hours 
Motor V e hicl e Laws 20 Hour s 

Tetai 78Hours 

(11) Persons previously holding law enforcement 
certification in accordance with G.S. 17C- 10(a) who 
have been separated from a sworn law enforcement 
position for over one year and who have not 
previously completed a minimum basic training 
program accredited b> either the North Carolina 
Criminal Justice Training and Standards Council or 
the North Carolina Criminal Justice Education and 
Training Standards Commission shall be required to 
complete a commission-accredited basic training 
program in its entiret)' and shall successfully pass 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1630 



PROPOSED RULES 



the State Comprehensive Examination prior to 
employment. 

(12) Persons who have completed training as a federal 
law enforcement officer and are appointed as a 
sworn law enforcement officer in North Carolina 
shall be required to complete a 
commission-accredited basic training program in its 
entirety and shall successfully pass the State 
Comprehensive Examination. 

(13) Applicants with part-time experience who have a 
break in service in excess of one year shall complete 
a commission-accredited basic training program in 
its entirety and successfully pass the State 
Comprehensive Examination prior to employment. 

(14) Applicants who hold or previously held certification 
issued by the North Carolina Sheriffs' Education and 
Training Standards Commission shall be subject to 
evaluation of their prior training and experience on 
an individual basis. The division staff shall 
determine the amount of training required of these 
applicants. 

(15) Alcohol law enforcement agents who separate from 
employment with the Division of Alcohol Law 
Enforcement and transfer to another law 
enforcement agency in a sworn capacity shall be 
subject to evaluation of their prior training and 
experience on an individual basis. The division staff 
shall determine the amount of training required of 
these applicants. 

(16) Wildlife enforcement officers who separate from 
employment with the Wildlife Enforcement Division 
and transfer to another law enforcement agency in a 
sworn capacity shall be subject to evaluation of their 
prior training and experience on an individual basis. 
The division staff shall determine the amount of 
training required of these applicants. 

(b) In those instances not specifically incorporated within 
this Section or where an evaluation of the applicant's prior 
fraining and experience determines that required attendance in 
the entire "Basic R e cruit Training Law Enforc e m e nt" cours e 
Basic Law Enforcement Training Course would be 
impractical, the Director of the Standards Division is 
authorized to exercise his discretion in determining the amount 
of training those persons shall complete during their 
probationary period. 

(c) The following criteria shall be used by division staff in 
evaluating prior training and experience of local confinement 
personnel to determine eligibilit>' for a waiver of training 
requirements: 

( 1 ) Persons who hold probationary, g e n e ral general, or 
grandfather certification as local confinement 
personnel and separate after having completed a 
commission-accredited course as prescribed in 12 
NCAC 9B .0224 or .0225 and have been separated 
for more than one year shall complete a subsequent 
commission-accredited fraining course in its entirety 
and successfully pass the State Comprehensive 



(2) 



Examination during the probationary period as 
prescribed in 12 NCAC 9B .0401(a). 
Persons who separated from a local confinement 
personnel position after having completed a 
commission-accredited course as prescribed in 12 
NCAC 9B .0224 or .0225 and who have been 
separated for less than one year shall serve a new 12 
month probationary period, but need not complete 
an additional fraining program. 
(3) Applicants who hold or previously held "Jail e r 
C e rtification" "Detention Officer Certification" 
issued by the North Carolina Sh e riffs Sheriffs' 



Education and Training Standards Commission shall 
be subject to evaluation of their prior training and 
experience on an individual basis. Where the 
applicant properly obtained certification and 
successfiiUy completed the required 120 hour 
fraining course, and has not had a break in service in 
excess of one year, no additional training will be 
required. 
(4) Persons holding certification for local confinement 
facilities who transfer to a disfrict or county 
confinement facility shall satisfactorily complete the 
course for district and county confinement facility 
personnel, as adopted by reference in 12 NCAC 9B 
.0224, in its entirety and successfully pass the State 
Comprehensive Examination during the 
probationary period as prescribed in 12 NCAC 9B 
.0401(a). 

Authority- G.S. 17C-2: 17C-6; 17C-10. 

.0404 TRAINEE ATTENDANCE 

(a) Each trainee enrolled in an accredited "Ba s ic R e cruit 
Training Law Enforc e m e nt" cours e Basic Law Enforcement 
Training Course shall attend all class sessions. The train ee 's 
d e partment head school director shall be responsible for 
monitoring the trainee's regular attendance at criminal justice 
training courses in which the frainee is enrolled. 

(b) The school director may recognize valid reasons for 
class absences and may excuse a trainee from attendance at 
specific class sessions. However, in no case may excused 
absences exceed +0 five percent of the total class hours for the 
course offering. A trainee shall not be eligible for 
administration of the state comprehensive examination and 
shall be dismissed from the course if the cumulative total of 
class absences exceeds five percent regardless of the prior 
completion of make-up work. 

(c) If the school director grants an excused absence from a 
class session, he shall schedule appropriate make-up work and 
ensure the satisfactory completion of such work during the 
current course presentation, pr e s e ntation or in a sub se qu e nt 
cours e d e liv e ry' as is p e rmissibl e under Rul e 9B .0'105. The 
school director shall be responsible for scheduling appropriate 
instructors and reimbursing those instructors for the purpose of 
completion of the make up work. Absences which occur 
during the Jast forty hours of the trainin g course may be made 
up in a subsequent delivery; however, the school director shall 



1631 



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13:19 



PROPOSED RULES 



seek approval from the Standards Division prior to scheduling 
the make up work. 

(4) A traine e shall not be eligible for administrat i on of th e 
comprchonsi\' e — writt e n — e xamination — nor c e rtitlcation — fer 
s ucc o Gsful cours e compl e tion if th e cumulativ e total of cla ss 
abs e nc e s, with acc e pt e d mak e up work, e xc ee d s t e n p e rc e nt of 
th e total class hours of the accredit e d cours e off e ring and s hall 
b o expedi e ntly t e rminat e d from furth e r cours e participation by 
the s chool director at th e tim e of s uch occurr e nc e . 

(e){dj A school director may terminate a trainee from 
course participation or may deny certification of successful 
course completion where the trainee is habitually tard\ to tO; or 
regularly departs early from from, class meetings or field 
exercises. 

fPHe) Where a trainee is enrolled in a program as required 
in 12 NCAC 9B .0212, .0213, .0214, .0215, .0218. .0219. 
.0220. .0221. or .0222, and the scheduled course hours exceed 
the minimum requirements of the Commission, the trainee. 
upon the authorization of the school director. ma\ be deemed 
to have satisfactorily completed the required number of hours 
for attendance provided the trainee's attendance is not less than 
100 percent of the minimum instructional hours as required by 
the Commission. 

fg^f) A trainee enrolled in a presentation of the "Criminal 
Justice Instructor Training Course" under Rule .0209 of this 
Subchapter shall not be absent from class attendance for more 
than 10 percent of the total scheduled deliver\ period in order 
to receive successful course completion. 

t^ A train ee , e nroll e d in a presentation of the local 
confin e m e nt — facilitv — cours e — und e r — R«4e — .0 22 5 — of this 
Subchapt e r, shall not b e ab se nt from clas s att e ndanc e for mor e 
than 10 p e rc e nt of th e total sch e dul e d d e liv e ry p e riod in ord e r 
to r e c e iv e succ e s s ful cours e compl e tion. — Th e school director 
s hall s ch e dul e appropriat e mak e up work and e n s ur e th e 
s ati s factor\ compl e tion of such work during th e curr e nt cour se 
pr e s e ntation for all abs e nt ee i s m. 

fi)£gj A trainee, enrolled in a presentation of the 
"Specialized Firearms Instructor Training" Training — 
Fir e arms" course under Rule .0226 of this Subchapter, the 
"Specialized Driving Instructor Training" Training — Driving" 
course under Rule .0227 of this Subchapter, or the 
"Specialized Instructor Training — D e f e nsiv e Tactics Subject 
Control Arrest Techniques Instructor Training" course under 
Rule .0232 of this Subchapter, shall not be absent from class 
attendance for more than 10 percent of the total scheduled 
delivery period in order to receive successfial course 
completion. Appropriate make-up work must be completed 
during the current course presentation for all absenteeism. 

fi-)(h) A trainee, enrolled in a presentation of the "Radar 
Instructor Training Course" under Rule .0210 of this 
Subchapter, or the "Time-Distance Speed Measurement 
Instrument Instructor Training Course" under Rule .0211 of 
this Subchapter, shall not be absent from class attendance for 
more than 10 percent of the total scheduled deliver, period in 
order to receive successful course completion. Appropriate 
make-up work must be completed during the current course 
presentation for all absenteeism. 



Auihorin-G.S. 17C-2: 17C-6: 17C-10. 



.0405 



COMPLETION OF BASIC LAW 

ENFORCEMENT TRAINING COURSE 

(a) Each delivery of an accredited basic recruit training 
course is considered to be a WHtr unit as specified in 12 NCAC 
9B .0205(b) . Each trainee shall attend and satisfactorily 
complete the full course during a scheduled delivery. The 
school director may develop supplemental rules as set forth in 
12 NCAC 9B .0202(a)(6). but may not add substantive 
courses, or change or expand the substance of the courses as 
set forth in \2 NCAC 9B .0205(b) for purposes of 
Commission credit. This Rule does not prevent the instruction 
on local agencN rules or standards but such instruction shall 
not be considered or endorsed by the Commission for purposes 
of certification. The Director of the Standards Division may 
issue prior written authorization for a specified trainee's 
limited enrollment in a subsequent deliver}, of the same course 
where the trainee provides evidence that: 

( 1 ) The trainee attended and satisfactorily completed 
specified class hours and topics of the "Basic 
R e cruit Training — Law Enforc e m e nt" cours e Basic 
Law Enforcement Training Course but through 
extended absence occasioned by illness, accident, 
emergency, or other good cause was absent for more 
than 40 five percent of the total class hours of the 
course offering; or 

(2) The trainee was granted excused absences by the 
school director that did not exceed ten five percent 
(5°/o) of the total class hours for the course offering 
and the school director could — net — sch e dul e 
appropriat e mak e up work during th e curr e nt cours e 
off e ring a s sp e cifi e d in Rul e OB .0 .4 04(c). du e to 
valid — r e asons: has obtained approval from the 
Standards Division pursuant to 12 NCAC 
9B. 0404(c) for make up work to be completed jn a 
subsequent enrollment: or 

(3) The trainee participated in an accredited course but 
had an identified deficiency in essential knowledge 
or skill in either on e , two or thr ee , but no mor e than 
thr ee , one but no more than two of the specific topic 
areas incorporated in course content as prescribed 
under 12 NCAC 98 .0205: or 

(4) A trainee who js deficient jn more than two topical 
areas shall be dismissed from the course deliver, 
and shall be required to complete a subsequent 
training deliver, in jts entirety. 

(b) The trainee shall demonstrate proficiency in the school's 
cognitive topical area tests by achieving a minimum score of 
70 percent on each topical area test and shall also demonstrate 
proficiency in the motor skills and performance subjects. 

( 1 ) A trainee who fails to achieve a passing score on the 
first attempt shall have one opportunits for 
reexamination following remediation. 

(2) A trainee shall be allowed failure, remediation, and 
reexamination in no more than four topical area 
tests. 



13:19 



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1632 



PROPOSED RULES 



(3) Upon initial failure of a fifth topical area test, the 

trainee shall not be allowed remediation or 

reexamination and shall be immediately dismissed 

from the course and shall be required to complete a 

subsequent delivery of Basic Law Enforcement 

Training in its entirety. 

fb)(c} An authorization of limited enrollment in a 

subsequent delivery of the "Ba s ic R e cruit Training Law 

Enforc e m e nt" cour se Basic Law Enforcement Training Course 

may not be issued by the dir e ctor Standards Division unless in 

addition to the evidence required by Paragraph (a) of this Rule: 

( 1 ) The school director of the previous course offering 
submits to the dir e ctor Standards Division a 
certification of the particular topics and class hours 
attended and satisfactorily completed by the trainee 
during the original enrollment; and 

(2) The trainee school director makes written 
application to the dir e ctor Standards Division for 
authorization of the trainee's limited enrollment. 

fe)(dj An authorization of limited enrollment in a 
subsequent course delivery permits the trainee to attend an 
offering of the "Basic R e cruit Training Law Enforc e m e nt" 
cour se Basic Law Enforcement Training Course commencing 
within 120 calendar days from th e last dat e of train ee 
participation — m — prior — cours e — d e liv e ry, the date of 
administration of the state comprehensive examination in the 
trainee's prior course delivery. 

( I ) The trainee need only shall attend and satisfactorily 
complete m its entirety each topical area thos e 
portions of th e course which wor e missed or wer e 
identified by the school director as an area ar e a s of 
trainee deficiency in the prior course participation. 
participation with the exception of the "Physical 
Fitness" topical area. 

(A) There are two options available for satisfying 
a deficiency in the "Physical Fitness" topical 
area with the school director's approval: 
(i) the student shall be allowed to make up 
the deficiency at the original training 
site without enrolling in a subsequent 
delivery of BLET. Under this option, 
the student shall be given 120 calendar 
days from the date that the 
comprehensive state examination was 
administered to the original BLET 
course in order to successfully satisfs 
this deficiency. Students who select 
this option shall be allowed one 
opportunity (two attempts at each 
obstacle) during the 1 20-day period to 
satisfy the deficiency; or 
(ii) the student shall be allowed to enroll in 
a subsequent delivery of BLET as a 
"limited enrollee". This delivery shall 
begin within 120 calendar days from 
the date that the comprehensive state 
examination was administered to the 
original BLET course [n order to 



successfully satisfy this deficiency. 

Students who select this option shall be 

allowed one opportunity (two attempts 

at each obstacle) during the delivery 

period of the subsequent BLET course. 

(B) A certified "Physical Fitness" instructor is the 

only person qualified to administer and grade 

the fitness re-test. At the time of the re-test. 

the school director or the qualified assistant 

shall be present. 

(2) Following proper enrollment in the subsequent 

course offering, scheduled class attendance, and 

active participation with satisfactory achievement in 

the course, the trainee would b e shall be eligible for 

administration of the comprehensive written 

examination by the Commission and possible 

certification of successful course completion. 

{4t) A train ee who is d e fici e nt in four or mor e subj e ct matt e r 

or topical ar e a s at th e conclusion of th e cours e d e liv e ry s hall 

compl e t e a subs e qu e nt program in its e ntir e ty. 

Authority G.S. 17C-6: 17C-10. 

.0406 COMPREHENSIVE WRITTEN 
EXAMINATION -- BASIC LAW 
ENFORCEMENT TRAINING 

(a) At the conclusion of a school's offering of the "Basic 
R e cruit Training Law Enforc e m e nt" cour se Basic Law 
Enforcement Training Course in its entiret\. an authorized 
representative of the Commission shall administer a 
comprehensive written examination to each trainee who has 
satisfactorily completed all of the required course work. A 
trainee cannot shall not be administered the comprehensive 
written examination until such time as all of the p e rtin e nt 
course work is completed. 

(b) The examination e xamination(s) shall be an obj e ctiv e 
test — consi s ting — of multipl e choic e . — tru e fals e . — er — similar 
qu e stion s cov e ring th e topic ar e a s contain e d in th e accr e dit e d 
cours e curriculum(s). comprised of six units as specified in 12 
NCAC 9B .0205(a). Each unit is designed to test the trainees' 
proficiency in that unit. 

(c) The Commission's representative shall submit to the 
school director within five days of the administration of the 
examination e xamination( s ) a report of the results of the test 
for each trainee examined. 

(d) A trainee shall have successfully compl e t e completed 
the comprehensive written examination e xamination(s) if 
h e /sh e achi e v e s upon achieving a minimum of 70 percent 
correct answers, answers on each of the six units as prescribed 
in 12 NCAC 9B .0406(b). 

(e) A trainee who has fully participated in a scheduled 
delivery of an accredited training course cours e (s) and has 
demonstrated satisfactory competence in each motor-skill or 
performance area of the course course(s) curriculum but has 
failed to achieve the minimum score of 70 percent on no more 
than two units of the Commission's comprehensive written 
examination examination(5) may request the Director of the 
Standards Division to authorize a re-examination of the 



1633 



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13:19 



PROPOSED RULES 



train ee , trainee in only those units for which he/she failed to 
make a passing score of 70 percent: 

(1) The trainee's request for re-examination shall be 
made in writing on the Commission's form and shall 
be received by the Standards Division within 30 
days of the examination. 

(2) The trainee's request for re-examination shall 
include the favorable recommendation of the school 
director who administered the course(s). 

(3) A trainee shall have, within 90 days of the original 
examination(s), only one opportunity for 
re-examination and shall satisfactorily complete the 
subsequent unit examination examination(s) in its 
entirety. 

(4) The trainee will be assigned in writing by the 
Director of the Standards Division staff a place, 
time, and date for re-examination. 

(5) Should the trainee on re-examination not achieve the 
prescribed minimum score on the examination 
e xamination(s) . the trainee may not be given 
successful course completion and shall enroll and 
successfully complete a subsequent offering of the 
r e l e vant — cours e — m — its — e ntir e tv' — befere — furth e r 
e xamination — may — be — p e rmitt e d. Basic Law 
Enforcement Training Course in its entiretv. 

(f) A trainee who fails to achieve a passing score of 70 
percent on three or more of the units as prescribed in 12 
NCAC 9B .0406(b) shall not be given the opportunity for re- 
examination on those units; and shall enroll in and successfulh 
complete a subsequent offering of the Basic Law Enforcement 
Training Course in its entiret\'. 

Author in- G.S. 17C-6: 17C-10. 

.0407 SATISFACTION OF MINIMUM TRAINING 
REQUIREMENTS 

Te — satisfy' — the — minimum — training — r e quirem e nts — fer 
c e rtification a s a law e nforc e m e nt offic e r, a train ee shall: 

fB achi e v e a scor e of 70 p e rc e nt corr e ct answ e rs on th e 
Commission — admini s t e r e d compreh e n s ive writt e n 
e xamination, — provid e d — m — Rttk — .0406 — of this 
Subchapt e r: 

(2) d e mon s trat e succ ess fu l compl e tion of an accredit e d 

off e ring of th e "Ba s ic R e cruit Training Law 

Enforc e m e nt" cour se as s hown by the c e rtification 
of th e s chool dir e ctor; 

(^ d e monstrat e — profici e ncy — in — aH — motor skill — afi4 
p e rformanc e subj e cts by achi e ving th e minimum 
pa s sing grad es as s p e cifically es tablished in e ach of 
the topical ar e as in th e Commission adopt e d "Basic 
Law Enforcement Training Manual"; and 

(4) obtain th e r e comm e ndation of th e train ee ' s school 
dir e ctor that the train ee pos se s ses at l e ast th e 
minimum d e gre e of g e n e ral attribut e s, knowl e dg e , 
and — s kill to — function — as an — in e xp e ri e nc e d — law 
e nforc e m e nt offic e r. 



Author in- G.S. I7C-6; I7C-10. 



.0414 



COMPREHENSIVE WRITTEN EXAM — 
SPECIALIZED INSTRUCTOR TRAINING 

(a) At the conclusion of a school's offering of the 

"Sp e cializ e d — Instructor Training Fir e arms" cours e , th e 

"Sp e cializ e d — Instructor — Training — - — Driving" — cours e . — the 
"Sp e cializ e d Instructor Training — D e f e nsive Tactics" cour se , 
th e "Sp e cializ e d In s tructor Training — Physical Fitness" course 
"Specialized Firearms Instructor Training" course. 
"Specialized Driver Instructor Training" course. "Specialized 
Subject Control Arrest Techniques Instructor Training" 
course. "Specialized Physical Fitness Instructor Training" 
course, the "Radar Instructor Training Course," the "Criminal 
Justice TD/SMI Instructor Training Course," the 
"Re-Certification Training for Radar Instructors" course, and 
the "Re-Certification Training for TD/SMI Instructors" course, 
in its entirety, an authorized representative of the Commission 
shall administer a comprehensive written examination to each 
trainee who has satisfactorily completed all of the required 
course work. A trainee cannot be administered the 
comprehensive written examination until such time as all of 
the pertinent course work is completed. 

(b) The examination shall be an objective test consisting of 
multiple-choice, true-false, or similar questions covering the 
topic areas contained in the accredited course curriculum. 

(c) The Commission's representative shall submit to the 
school director within five days of the administration of the 
examination a report of the results of the test for each trainee 
examined. 

(d) A trainee shall successfully complete the comprehensive 
written examination if he/she achieves a minimum of 75 
percent correct answers. 

(e) A trainee who fails to achieve the minimum score of 75 
percent on the Commission's comprehensive written 
examination shall not be given successful course completion 
and shall enroll and successfully complete a subsequent 
offering of the specialized instructor training course in its 
entirety before further examination may be permitted. 

Author in- G.S. 17C-6: 17C-10. 



.0415 SATISFACTION OF MINIMUM TRAINING 
— SPECIALIZED INSTRUCTOR 

(a) To acquire successful completion of the "Sp e cializ e d 

Instructor Training Fir e arm s " — course, th e "Sp e cializ e d 

Instructor — Training Driving" — cours e . — the — "Sp e cializ e d 

Instructor Training D e f e nsive Tactics" cours e , and th e 



"Sp e cializ e d — Instructor — Training 



Physical — Fitn e ss" 



"Specialized Firearms Instructor Training" course. 



"Specialized Driver Instructor Training" course. "Specialized 
Subject Control Arrest Techniques Instructor Training" 
course. "Specialized Physical Fitness Instructor" course, the 
trainee shall: 

(1) satisfactorily complete all required coursework as 
specified in the course abstract of the "Specialized 
Firearms Instructor Training Manual," the 



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April 1, 1999 



1634 



PROPOSED RULES 



"Specialized Driver Instructor Training Manual," the 
"Specialized D e f e nsiv e — Tactics Subject Control 
Arrest Techniques Instructor Training Manual," and 
the "Specialized Physical Fitness Instructor Training 
Manual" as published by the North Carolina Justice 
Academy; and 

(2) demonstrate proficiency in all required motor-skill 
and performance subjects as specified in each 
specialized instructor training manual; and 

(3) achieve a score of 75 percent correct answers on a 
comprehensive written examination. 

(b) Should a trainee fail to meet the minimum criteria on a 
motor-skill or performance area, he/she shall be authorized one 
opportunity for a re-test at the discretion of the school director. 
Such re-test must be completed during the original course and 
prior to the trainee's being administered the comprehensive 
written examination. Failure to meet the required criteria on a 
re-test requires enrollment in a subsequent course. 

Authority G.S. 17C-6: 17C-10. 

SUBCHAPTER 9C - ADMINISTRATION OF 

CRIMINAL JUSTICE EDUCATION AND 

TRAINING STANDARDS 



SECTION .0200 - FORMS 



.0211 



PREDELIVERY TRAINING COURSE 
REPORT 

The Pre-delivery Report of Training Course Presentation, is 
a form on which the school director notifies the Commission 
of its intent to present the "Ba s ic R e cruit Training Law 
Enforc e m e nt" "Basic Law Enforcement Training" course. 
Information requested includes the number of hours; delivery 
period; location; anticipated number of trainees; and a 
comprehensive, topical course schedule including proposed 
instructional assignments. 

Authorities. 17C-6: 150B-11. 



The Report of Training Course Completion, is used to report 
the satisfactory completion of training in courses other than the 
"Basic R e cruit Training — Law Enforc e m e nt" "Basic Law 
Enforcement Training" course. 

Authority G.S. 17C-6; 150B-11. 

SECTION .0400 - ACCREDITATION OF CRIMINAL 
JUSTICE SCHOOLS AND TRAINING COURSES 

.0403 REPORTS OF TRAINING COURSE 

PRESENTATION AND COMPLETION 

(a) Each presentation of the "Basic R e cruit Training Law 
Enforc e m e nt" "Basic Law Enforcement Training" course shall 
be reported to the Commission as follows: 

(1) After acquiring accreditation for the course and 
before commencing each delivery of the course, the 
school director shall notify the Commission of the 
school's intent to offer the training course by 
submitting a Pre-delivery Report of Training Course 
Presentation; and 

(2) Upon completing delivery of the accredited course, 
and not more than 10 days after receiving from the 
Commission's representative the Report of 
Examination Scores, the school director shall notify 
the Commission regarding the progress and 
achievement of each enrolled trainee by submitting a 
Post-delivery Report of Training Course 
Presentation. 

Note: Special arrangements shall be made between the 
Standards Division and the school director for the 
reporting of law enforcement achievement in a Public 
Safet\ Officer course. 

(b) Upon successful completion of a commission-accredited 
training course by correctional, state youth services, or 
probation/parole trainees, the director of the school conducting 
such course shall notify the Commission of the satisfactory 
achievement of trainees by submitting a monthly Report of 
Training Course Completion. 



.0212 POST-DELIVERY TRAINING COURSE 
REPORT 

The Post-Delivery Report of Training Course Presentation, 
is the means by which the school director notifies the 
Commission of the completion of the "Basic Recruit Train i ng 
— Law Enforcement" "Basic Law Enforcement Training" 
course, together with the achievement and performance level 
attained by each enrolled train e r, trainee. The information 
requested includes a roster of all trainees enrolled and their 
employing agencies, a listing of each instructor used in 
delivering the training with topics presented, and the trainees' 
scores on each written, oral or motor-skill examination 
administered by the school. 

Authority G.S. 17C-6: 150B-11. 

.0213 REPORT OF TRAINING COURSE 
COMPLETION 



Authority' G.S I7C-6: 17C-J0. 

SUBCHAPTER 9E - IN-SERVICE TRAINING 
PROGRAMS 

SECTION .0100 - LAW ENFORCEMENT 
OFFICER'S IN-SERVICE TRAINING PROGRAM 

.0107 FAILURE TO QUALIFY 

(a) Where an officer is employed with an agency that 
establishes a higher standard for annual in-service firearms 
training than the minimum specified in this Subchapter and the 
officer has failed to meet the requirements of the employing 
agency as of December 3 1 of each calendar year, such officer 
shall be required to meet the requirements of this Rule and the 
higher standard of the employing agency for continued 
employment. Prior to transfer to another agency, the officer 
shall be required to meet the requirements of this Rule and the 



1635 



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13:19 



PROPOSED RULES 



requirements of the subsequent agency, if the subsequent 
agency requires a higher standard for annual in-service 
firearms training than the minimum required in 12 NCAC 9E 
.0105 and .0106. 

(b) Upon notification that an officer has failed to meet the 
requirements for in-service firearms training and qualification 
as specified in Rule .0106(a) of this Subchapter, the law 
enforcement officer's certification shall be suspended. 

(c) The suspended officer may request authorization for 
limited enrollment in a presentation of the "Basic R e cruit 

Training Law Enforc e m e nt" "Basic Law Enforcement 

Training" course to complete the minimum 40 hour firearms 
training topic. 

(d) Such enrollment and successful completion must occur 
within the 12 month period following suspension of law 
enforcement officer certification. 

(e) Failure to enroll and successfully complete the minimum 
40 hour firearms training topic in a "Ba s ic R e cruit Training — 
Law Enforc e m e nt" "Basic Law Enforcement Training" course 
within the prescribed 12 month period will subject the officer 
to training evaluation as specified in 12 NCAC 

9B .0403. 

(f) No officer suspended under Paragraph (b) of this Rule 
ma\ work as a certified law enforcement officer until: 

( 1 ) the department head or designated representative 
forwards to the Commission documentary evidence 
verifying that the officer has complied with the 
requirements for reinstatement of certification as 
specified in this subsection; and 

(2) the department head or designated representative 
and the officer receive from the Commission 
documentation that the Commission has terminated 
the suspension and reissued law enforcement 
certification to the suspended officer. 

Authority G.S. 17C-6: 17C-10. 

******************** 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the North Carolina Sheriffs ' Education and Training 
Standards Commission intends to adopt the rules cited as 12 
NCAC lOB .1401 -.1406: amend the rules cited as 12 NCAC 
10B.0103. .0502. .0505. .0601. .0703. .0908. .1002 and repeal 
rules cited as 12 NCAC 108 .0506-0509. Notice of Rule- 
making Proceedings was published in the Register on 
December 23. 1998. 

Proposed Effective Date: .August 1. 2000 

A Public Hearing vv/7/ be conducted at 9:00 a.m. on April 16. 
1999 at the Old Education Building. Room G-22. 114 West 
Edenton Street, Raleigh, NC 27602. 

Reason for Proposed Action: 
12 NCAC lOB .0103 - Definitions: 



(1) - Technical change to name of Report of Appointment 
Form to be: "Form F-4 " 

(17) - Clarification of the definition of "Sworn Law 
Enforcement Position" as used within 12 NCAC lOB 

(18) - Addition of definition of "General Powers of Arrest " 
12 NCAC lOB .0502 - Basic Law Enforcement Training 
Course for Deputies - revises current course blocks and hours 
12 NCAC I OB .0505 - Evaluation for Training Waiver - 
revises training waivers to allow a person who meets the 
qualifications as either a North Carolina applicant, out-of- 
state transferee, or federal transferee to choose between 
completing the entire Basic Law Enforcement Training Course 
or to submit to an initial assessment of his skills and 
knowledge and challenge the state-mandated exam. 

12 NCAC lOB .0506 - Trainee Attendance - deletion of this 

rule because 12 NCAC lOB .0502(e) adopts by reference the 

administration of the Basic Law Enforcement Training Course 

of the Criminal Justice Education and Training Standards 

Commission. 

12 NCAC lOB .0507 - Completion of the Basic La\\- 

Enforcement Training Course - deletion of this rule because 

12 NCAC lOB .0502(e) adopts by reference the administration 

of the Basic Law Enforcement Training Course of the 

Criminal Justice Education and Training Standards 

Commission. 

12 NCAC lOB .0508 - Comp Written Exam - Basic Law 

Enforcement Training Course - deletion of this rule because 

12 NCAC I OB .0502(el adopts by reference the administration 

of the Basic Lcn\' Enforcement Training Course of the 

Criminal Justice Education and Training Standards 

Commission. 

12 NCAC lOB .0509 - Satisfaction of Minimum Training 

Requirements - deletion of this rule because 12 NCAC lOB 

.0502(e) adopts by reference the administration of the Basic 

Law Enforcement Training Course of the Criminal Justice 

Education and Training Standards Commission. 

12 NCAC lOB .0601 - Detention Officer Certification Course 

- changes the hours of instruction to require 16 more hours: 

changes the name of two blocks of instruction, requires each 

student to pass a literacy examination in order to enroll in the 

course. 

12 NCAC lOB .0703 - Administration of Detention Officer 

Certification Course - sets out that the institution offering this 

course must maintain a test security agreement for the literacy 

test and must ensure enrollees are administered this literacy 

test. 

12 NCAC lOB .0908 - Limited Lecturer Certification - 

changes two block names in accordance with the changes 

proposed to .0601 above. 

12 NCAC 1 OB .1002 - General Provisions - correction to rule 

cite regarding the definition of a SM'orn lcr»' enforcement 

provision. 

12 NCAC lOB .1401-.1406 - adopts a new professional 

certification program to reward resen-e officers for actual 

hours of sei-vice and completion of training beyond the state 

minimum mandate. 



13:19 



NORTH CAROLINA REGISTER 



April I, 1999 



1636 



PROPOSED RULES 



Comment Procedures: Any person interested in this Notice 
of Text may present oral or written comments relevant to the 
above stated subject matter for a period of 30 days from this 
notice. Written comments should be directed to Julia Lohman. 
Acting Director, Sheriffs Standards Division. Room G-41, Old 
Education Building. 114 West Edenton Street, PO Drawer 
629. Raleigh. NC 27602. 

Fiscal Note: These Rules, 12 NCAC lOB .0502, .0601, .0703. 
.0908. do affect the expenditures or revenues of local 
government funds, but do not have a substantial economic 
impact of at least five million dollars ($5,000,000) in a 12- 
month period. 

Fiscal Note: These Rules. 12 NCAC lOB .0505-.0509. .1002. 
do not affect the expenditures or revenues of local government 
funds, and do not ha\'e a substantial economic impact of at 
least five million dollars (S5. 000. 000) in a 1 2-month period. 

Fiscal Note: These Rules, 12 NCAC 10B.0103. .0601. .0703. 
.0908. .1401-. 1406. do affect the expenditure or distribution of 
State funds subject to the Executive Budget Act. Article 1 of 
Chapter 143. but do not have a substantial economic impact of 
at least five million dollars ($5,000,000) in a 1 2-month period. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SUBCHAPTER lOB - N.C. SHERIFFS' 

EDUCATION AND TRAINING 

STANDARDS COMMISSION 

SECTION .0100 - COMMISSION ORGANIZATION 
AND PROCEDURES 

.0103 DEFINITIONS 

In addition to the definitions set fortli in G.S. 17E-2, tlie 
following definitions apply throughout this Chapter, unless the 
context clearly requires otherwise: 

(1) "Appointment" as it applies to a deputy sheriff 
means the date the deputy's oath of office is 
administered; and as it applies to a detention officer 
means either the date the detention officer's oath of 
office was administered, if applicable, or the 
detention officer's actual date of employment as 
reported on the Report of Appointment (Form F H) 
(Form F-4) by the employing agency, whichever is 
earlier; and as it applies to a telecommunicator, the 
telecommunicator's actual date of employment as 
reported on the Report of Appointment (Form F- 
41). 

(2) "Convicted" or "Conviction" means and includes, 
for purposes of this Chapter, the entry of: 

(A) a plea of guilty; 

(B) a verdict or finding of guilt by a jury, judge, 
magistrate, or other duly constituted, 
established, and recognized adjudicating 



body, tribunal, or official, either civilian or 
military; or 
(C) a plea of no contest, nolo contendere, or the 
equivalent. 

(3) "Department Head" means the chief administrator of 
any criminal justice agency or communications 
center. Department head includes the sheriff or a 
designee appointed in writing by the Department 
head. 

(4) "Director" means the Director of the Sheriffs' 
Standards Division of the North Carolina 
Department of Justice. 

(5) "Division" means the Sheriffs' Standards Division. 

(6) "High School" means a school accredited as a high 
school by: 

(A) the Department or Board of Education of the 
state in which the high school is located: or 

(B) the regional accrediting body; or 

(C) the state university of the state in which the 
high school is located. 

(7) "Enrolled" means that an individual is currently 
actively participating in an on-going formal 
presentation of a commission-accredited basic 
training course which has not been concluded on the 
day probationary certification expires. 

(8) "Essential Job Functions" means those tasks deemed 
by the agency head to be necessary for the proper 
performance of a justice officer. 

(9) "Lateral Transfer" means certification of a justice 
officer when the applicant for certification has 
previously held general or grandfather certification 
as a justice officer or a criminal justice officer as 
defined in G.S. 17C-2(c), excluding state 
correctional officers, state probation/parole officers, 
and state youth services officers, provided the 
applicant has been separated from a sworn law 
enforcement position for no more than one year, or 
has had no break in service. 

(10) "Misdemeanor" means those criminal offenses not 

classified by the North Carolina General Statutes, 

the United States Code, the common law. or the 

courts as felonies. Misdemeanor offenses are 

classified by the Commission as follows: 

(A) "Class A Misdemeanor" means an act 

committed or omitted in violation of any 

common law, duly enacted ordinance or 

criminal statute of this state which is not 

classified as a Class B Misdemeanor pursuant 

to Sub-item (10)(b) of this Rule. Class A 

Misdemeanor also includes any act committed 

or omitted in violation of any common law, 

duly enacted ordinance, criminal statute, or 

criminal traffic code of any jurisdiction other 

than North Carolina, either civil or military, 

for which the maximum punishment 

allowable for the designated offense under 

the laws, statutes, or ordinances of the 

jurisdiction in which the offense occurred 



1637 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



includes imprisonment for a term of not more 
than six months. Specifically excluded from 
this grouping of "Class A Misdemeanor" 
criminal offenses for jurisdictions other than 
North Carolina, are motor vehicle or traffic 
offenses designated as misdemeanors under 
the laws of other jurisdictions, or duly 
enacted ordinances of an authorized 
governmental entit) with the exception of the 
offense of driving while impaired which is 
expressly included herein as a class A 
misdemeanor, if the offender could have been 
sentenced for a term of not more than six 
months. Also specifically included herein as 
a Class A Misdemeanor is the offense of 
driving while impaired, if the offender was 
sentenced under punishment level three [G.S. 
20-l79(i)], level four [G.S. 20-179(j)]. or 
level five [G.S. 20-179(k)]. Class "A" 
Misdemeanor shall also include acts 
committed or omitted in North Carolina prior 
to October 1, 1994 in violation of any 
common law, duly enacted ordinance or 
criminal statute, of this state for which the 
maximum punishment allowable for the 
designated offense included imprisonment for 
a term of not more than six months. 
(B) "Class B Misdemeanor" means an act 
committed or omitted in violation of any 
common law, criminal statute, or criminal 
traffic code of this state which is classified as 
a Class B Misdemeanor as set forth in the 
"Class B Misdemeanor Manual" as published 
by the North Carolina Department of Justice 
and shall automatically include any later 
amendments and editions of the incorporated 
material as provided by G.S. 150B-21.6. 
Copies of the publication may be obtained 
fi-om the North Carolina Department of 
Justice, Post Office Box 629, Raleigh, North 
Carolina 27602. There is no cost per manual 
at the time of adoption of this Rule. Class B 
Misdemeanor also includes any act committed 
or omitted in violation of any common law, 
duly enacted ordinance, or criminal statute, or 
criminal traffic code of any jurisdiction other 
than North Carolina, either civil or military, 
for which the maximum punishment 
allowable for the designated offense under 
the laws, statutes, or ordinances of the 
jurisdiction in which the offense occurred 
includes imprisonment for a temi of more 
than six months but not more than two years. 
Specifically excluded from this grouping of 
"Class B Misdemeanor" criminal offenses for 
jurisdictions other than North Carolina, are 
motor vehicle or traffic offenses designated 



as being misdemeanors under the laws of 
other jurisdictions with the following 
exceptions: Class B Misdemeanor does 
expressly include, either first or subsequent 
offenses of driving while impaired if the 
maximum allowable punishment is for a term 
of more than six months but not more than 
two years, and driving while license 
permanentK revoked or permanently 
suspended. "Class B Misdemeanor" shall also 
include acts committed or omitted in North 
Carolina prior to October I, 1994 in violation 
of any common law, duly enacted ordinance, 
or criminal statute, of this state for which the 
maximum punishment allowable for the 
designated offense included imprisonment for 
a term of more than six months but not more 
than two years. Specifically excluded from 
the grouping of "Class B misdemeanors" 
committed or omitted in North Carolina prior 
to October 1, 1994 are motor vehicle or 
traffic offenses designated as being 
misdemeanors under G.S. 20 (motor 
vehicles), with the following exceptions: 
"Class B misdemeanors" committed or 
omitted in North Carolina prior to October 1 , 
1994 expressly include, either first or 
subsequent offenses of G.S. 20-l38(a) or (b), 
G.S. 20-166 (duty to stop in the event of an 
accident), G.S. 20-138.1 (impaired driving) if 
the defendant was sentenced under 
punishment level one [G.S. 20- 179(g)] or 
punishment level two [G.S. 20- 1 79(h)] for the 
offense, and shall also include a violation of 
G.S. 20-28(b) [driving while license 
permanently revoked or suspended]. 

(11) "Felony" means any offense designated a felony by 
the laws, statutes, or ordinances of the jurisdiction in 
which the offense occurred. 

(12) "Dual Certification" means that a justice officer 
holds probationary, general, or grandfather 
certification in two or more of the following 
positions with the same agency: 

(A) deputy sheriff: 

(B) detention officer: 

(C) telecommunicator. 

(13) "Detention Officer" means any person performing 
responsibilities, either on a full-time, part-time, 
permanent or temporary basis, which include but are 
not limited to the control, care, and supervision of 
any inmates incarcerated in a county jail or other 
confinement facility under the direct supervision and 
management of the sheriff. "Detention Officer" 
shall also mean the administrator and the other 
custodial personnel of district confinement facilities 
as defined in G.S. 153A-219. 



13:19 



NORTH CAROLINA REGISTER 



April 1,1999 



1638 



PROPOSED RULES 



(14) "Deputy Sheriff means any person who has been 
duly appointed and sworn by the sheriff and who is 
authorized to exercise the powers of arrest in 
accordance with the laws of North Carolina. 

(15) "Telecommunicator" means any person performing 
responsibilities, either on a full-time, part-time, 
permanent or teniporar\' basis, for communication 
functions to include but not limited to receiving calls 
or dispatching for emergency and law enforcement 
services. 

(16) "Commission" as it pertains to criminal offenses 
shall mean a finding by the North Carolina Sheriffs' 
Education and Training Standards Commission or 
an administrative body, pursuant to the provisions of 
G.S. 150B. that a person performed the acts 
necessary to satisfy the elements of a specified 
criminal offense. 

(17) "Sworn Law Enforcement Position" means a 
position with a criminal justice agency of the United 
States, any state, or a political subdivision of any 
state which, by law. has general power of arrest heW 
by a p e r s on who has succ e s s fully compl e t e d th e 
North Carolina Ba s ic Law Enforc e m e nt Training 
Cours e , and requires each of the following: 

(A) successful completion of the Basic Law 
Enforcement Training curriculum offered by 
the respective state or federal entity; and 

£B} an independent oath of office providing for 
the execution of the laws of the respective 
state or federal jurisdiction. 

(18) "General Powers of Arrest" shall mean the authority 
to enforce the state or federal laws within the 
officers territorial and subject matter jurisdiction to 
include the authority to arrest and cite offenders 
under the laws of the jurisdiction. These powers 
must be conferred on the officer by virtue of 
occupying a sworn law enforcement position. 
General powers of arrest shall mean those powers, 
even though limited by subject matter jurisdiction, 
which may be exercised as a routine responsibility 
of the office. General powers of arrest shall not 
mean those powers of arrest conferred by virtue of a 
special appointment or those granted as an 
incidental, as opposed to a primary, function of the 
office. 

Authority G.S. 17E-7. 

SECTION .0500 - IVTINIIVIUIVI STANDARDS OF 
TRAINING FOR DEPUTY SHERIFFS 

.0502 BASIC LAW ENFORCEMENT TRAINING 
COURSE FOR DEPUTIES 

(a) Th e Commi ss ion h e r e by adopt s as its r e quir e d minimum 
Basic — Law — Enforc e m e nt Training Cour se 4 72 hours of 
in s truction to includ e th e following id e ntifi e d topic ar e as and 
minimum in s tructional hours for e ach ar e a: 
f4-) Cours e Ori e ntation 



(3) 
(^ 
(4) 

(^ 
(^ 

fLH 
f45) 

( « -? ) 

f44) 
( ' j) 

I 1 A\ 

^ I o; 

(4^ 

(5+) 



Constitutional Law 4 hour s 

Laws of Arr e st. Search and S e izur e 16 hour s 

M e chanics of Arr es t: Arr es t Proc e dur e 8 hours 

Law Enforc e m e nt Communications and Information 



Syst e ms 

El e m e nts of Criminal Law 

D e f e nsiv e Tactics 

Juvenile Laws and Proc e dur e s 

First R es ponder 

Fir e arms 

Patrol T e chniqu es 

Crim e Pr e v e ntion T e chniqu e s 

Fi e ld Not e taUing and R e port Writing 

M e chanic s of Arr e st: V e hicl e Stops 

Mechanics of Arr e st: Cu s tody Proc e dur e s 

Mechanics of Arr e st: Proc e ssing Arr e st ee 

Cri s is Manag e m e nt 

Sp e cial Population s 

Civil Di s ord e r s 

Criminal Inv e stigation 

Interviews: Fi e ld and In Cu s tody 

Controll e d Sub s tanc e s 

ABC Laws and Proc e dur e s 



'1 hours 
2^ hours 
1 6 hours 

8 hours 
40 hours 
40 hours 
16 hours 

4 hour s 
12 hours 

6 hours 



2 hours 
4 hour s 

1 hour s 

12 hours 
8 hours 

28 hours 

8 hours 

6 hour s 

4 hours 

Electrical and Hazardous Material Em e rg e nd& i tiours 

20 hours 
6 hours 

44 hours 



Motor V e hicl e Law 

T e chniqu e s of Traffic Law Enforc e m e nt 
Law Enforcem e nt Driv e r Training 
Preparing For Court and T e stif^qng in 
Court 12 hour s 

{29^ D e aling with Victim s and th e Public 4 hour s 

0^ Ethics of Prof e ssio nal L aw Enforc e m e nt 4 hours 
(54-) Civil Proc ess 24 hours 

(53^ Suppl e m e ntal Cu s tody Proc e dur e s 8 hours 

f*3-) Physical Fitn e ss Training 4 3 hours 

(44-) T e sting 13 hour s 

TOTAL HOURS 4 72 hours 

(a) The basic training course for de puty sheriffs consists of 
instruction designed to provide the trainee with the skills and 
knowledge to perform those tasks essential to function jn law 
enforcement. 

(b) The course entitled "Basic Law Enforcement Training" 
shall consist of a minimum of 602 hours of instruction and 
shall include the following identified topical areas and 
minimum instructional hours for each: 



(JJ LEGAL UNIT 



tAj 

m 
m 

(Ej 

ID 



Motor Vehicle Laws 

Preparing for Court and Testifying 

in Court 

Elements of Criminal Law 

Juvenile Laws and Procedures 



20 hours 



12 hours 
24 hours 

8 hours 

Arrest. Search and Seizure/Constitutional 
Law 28 h ours 

ABC Laws and Procedures 4 hours 

UNIT TOTAL 96 HOURS 



t2J PATROL DUTIES UNIT 

(A) Techniques of Traffic Law 
Enforcement 



24 hours 



2 hours 



1639 



NORTH CAROLINA REGISTER 



April I, 1999 



13:19 



PROPOSED RULES 



m 



t5J 



m 
m 

{cm 



(B) Explosives 
Emergencies 

(C) Traffic Accident Investigation 

(D) In-Custody Transportation 

(E) Crowd Management 

(F) P atrol Techniques 

(G) Law Enforcement 



and Hazardous Materials 



(3} LAW 
UNIT 
£A} 
IB] 
(CJ 



Information Systems 
UNIT TOTAL 
ENFORCEMENT 



12 hours 

20 hours 

8 hours 

12 hours 

20 hours 

Communication and 

8 hours 

1 04 hours 



COMMUNICATION 



Dealing with Victims and the Public 10 hours 
Domestic Violence Response 1 2 hours 

Ethics for Professional Law 



Enforcement 



4 hours 



(D) Individuals with Mental Illness and Mental 



Retardation 



8 hours 



ID 



Crime Prevention Techniques 6 hours 

Communication Skills for Law Enforcement 



Officers 
UNIT TOTAL 
INVESTIGATION UNIT 

(A) Fingerprinting and Photographing 
Arrestee 

(B) Field Note-taking and Report 
Writing 
Criminal Investigation 



8 hours 
48 hours 



(DJ 
IE] 



Interviews: Field and In-Custodv 
Controlled Substances 



UNIT TOTAL 
PRACTICAL APPLICATION UNIT 



lAj 
tBJ 



(Ej 



First Responder 
Firearms 

Law Enforcement Driver Training 
Physical Fitness 
£ij Fitness Assessment and 



tm 



Testing 

1 hour - 3 days a week 



Subject Control Arrest Techniques 
UNIT TOTAL 



12 hours 

34 hours 

40 hours 

222 hours 



16] SHERIFF-SPECIFIC UNIT 



(A) Civil Process 24 hours 

(B) Sheriffs' Responsibilities: Detention 
Duties 

(C) Sheriffs' Responsibilities: Court 
Duties 
UNIT TOTAL 



4 hours 

6 hours 
34 hours 

2 hours 

20 hours 

602 HOURS 



COURSE ORIENTATION 
TESTING 

TOTAL COURSE HOURS 

The "Basic Law Enforcement Training Manual" as 
published by the North Carolina Justice Academy is 
hereby incorporated by reference, and shall 
automatically include any later amendments and 
editions of the incorporated matter, to apply as basic 
curriculum for this Basic Law Enforcement Training 
Course. Copies of this manual may be obtained at 



cost by contacting the North Carolina Justice 
Academy, Post Office Box 99, Salemburg. North 
Carolina 28385-0099. Th e coat of this manual is 
e ighty dollars ($ 8 0.00) at th e tim e of adoption of 
this Rul e . 

(d)f&) Consistent with the curriculum development policy 
of the Commission, the Commission shall designate 
the developer of the Basic Law Enforcement 
Training Course curricula and such designation shall 
be deemed by the Commission as approval for the 
developer to conduct pilot Basic Law Enforcement 
Training Courses. Individuals who successfully 
complete such a pilot Basic Law Enforcement 
Training Course offering shall be deemed to have 
successfully complied with and satisfied the 
minimum training requirement. 

(e)(4) The rules governing Minimum Standards for 
Completion of Training, codified as Title 12, 
Subchapter 9B, Section .0400 of the North Carolina 
Administrative Code, and previously incorporated 
by the North Carolina Criminal Justice Education 
and Training Standards Commission, are hereby 
incorporated by reference, and shall, automatically 
include any later amendments and editions of the 
adopted matter to apply to actions of the North 
Carolina Sheriffs' Education and Training Standards 
Commission. Copies of the incorporated materials 
may be obtained at no cost from the Criminal Justice 
Standards Division, North Carolina Department of 
Justice, 1 W es t Morgan Str ee t 1 14 West Edenton 
Street, Post Office Drawer 149, Raleigh, North 
Carolina 27602. 



6 hours 

12 hours 
32 hours 
16 hours 
1 hours 
76 hours 

40 hours 
48 hours 

40 hours Authority G.S. 17E-4la). 
8 hours 



.0505 EVALUATION FOR TRAINING WAIVER 

(a) The Division staff shall evaluate each deputy's training 
and experience to determine if equivalent training has been 
satisfactorily completed as specified in 12 NCAC lOB 
.0504(a). Applicants for certification with prior law 
enforcement experience shall have been employed and 
certified in a full-time sworn law enforcement position for at 
least two years prior to their application in order to be 
considered for training evaluation under this Rule. The 
following rules shall be used by Division staff in evaluating a 
deputy's an applicant's training and experience to determine 
eligibility for a waiver of training. 

(1) Persons who separated from a sworn law 
enforcement position during their probationary 
period after having completed a 

commission-accredited Basic Law Enforcement 
Training Course and who have been separated from 
a sworn law enforcement position for one year or 
less shall serve the remainder of the initial 
probationary period in accordance with G.S. 
17E-7(b). but need not complete an additional 
training program. 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1640 



PROPOSED RULES 



(2) 



Persons who separated from a sworn law 
enforcement position during their probationary' 
period without having completed Basic Law 
Enforcement Training, or whose certification was 
suspended pursuant to 12 NCAC lOB .0204(b)(1), 
and who have remained separated or suspended for 
over one >ear shall complete a 
commission-accredited Basic Law Enforcement 
Training Course in its entiretv and pass the State 
Comprehensive Examination, and shall be allowed a 
12 month probationary period as prescribed in 12 
NCAC lOB .0503(a). " 
{^ Out of s tat e — tran s f e r ees — shaW — be — e valuat e d — te 
d e t e rmin e th e amount and quality of their training 
and e xp e ri e nc e . Out of state transf e rees: 

shall hav e a minimum of two y e ars full tim e 
sworn law e nforc e m e nt e xp e ri e nc e : 
shall not hav e a br e ak in s e rvic e e xc ee ding 
Uvo y e ar s : and 

shaH — have — compl e t e d — the — Basic — Law 
Enforc e m e nt Training Cours e accr e dit e d by 
the state from which h e sh e i s tran s f e rring. 
Out of state — transf e r ee s — m ee ting — these 
-shaH- 



(€4 



r e quir e m e nt s 
commi s sion accredited 



complete 
Basic 



Law 



Enforc e m e nt Training Cours e which includ e s 
th e following topic s of North Carolina law 
and — proc e dur e — and — pass — the — Stat e 
Compr e h e nsiv e Examination in it s e ntir e ty 
within th e 12 month probationan. p e riod as 
pr es crib e d in 12 NCAC lOB .0503(a). 
(i) Laws of Arr e st. S e arch and S e il^hour s 
El e ments of Criminal Lav s 2 4 hours 
Juv e nil e Laws and Proc e dur e s 8 hours 
Controll e d Substances 6 hours 

A B C Laws and Proc e dur es 4 hour s 
Motor V e hicl e Law s 20 hours 

Civil Proc e ss 
Suppl e mental Cu s tody 
Proc e dur es 
TOTAL HOURS 



yywx ) 



l A hours 



4- 



8 hours 
hours 



(4) P e r s ons — pr e viou s ly — holding — Grandfath e r — law 
e nforc e m e nt c e rtification in accordanc e with G.S. 
17C 10(a) or G.S. — 17E . 7(a) who hav e b e en 
s e parated from a s worn law e nforcement position 
for mor e than on e y e ar and who hav e not pr e viously 
compl e t e d a minimum — Basic — Law — Enforc e m e nt 
Training Course accr e dit e d by th e North Carolina 
Criminal Justic e Education and Training Standards 
Commission — er — the — North — Carolina — Sh e riff s ' 
Education and Training Standards Commission shall 
b e r e quir e d to compl e t e a commi s sion ' accr e dit e d 
Basic Law Enforc e m e nt Training Cours e in — its 
e ntir e ty — aftd — pass — the — Stat e — Compr e hensiv e 
Examination within th e — 12 month probationary 
p e riod as pr e scrib e d in 12 NCAC lOB .0503(a). 

(^ P e rsons who hav e completed a minimum 160 hour 
Basic Law Enforc e m e nt Training Cour se accr e dit e d 



m 



by th e North Carolina Criminal Justic e Training and 
Standards — Council — under — rul e s — administ e r e d 
b e ginning on JuK 1. 1973 and continuing through 
S e pt e mb e r 30. 1978 and who hav e b ee n s e parated 
from a sworn law e nforc e m e nt po s ition for mor e 
than on e y e ar but no more than Kvo y e ars shall bo 
r e quir e d to compl e t e the following portion s of a 
commission accr e dit e d — Basic — Law — Enforc e m e nt 
Training Course and pass th e Stat e Compr e h e nsive 
Examination — within — the — 1^ — month — probationary 
p e riod as pr es crib e d in 12 NCAC lOB .05Q3(a). 
(A) 
(^ 

(£) 
¥^ 



Juv e nil e Law and Proc e dur e s 8 hours 

Laws of Arr e st. S e arch and S e izur e 16 hours 

El e ments of Criminal Law 2 4 hour s 

Controll e d Substanc es 6 hours 

ABC Law s and Proc e dur e s 4 hours 

Motor V e hicl e Laws 20 hour s 

Law Enforc e m e nt Driv e r Training 16 hours 

Civil Proc es s 21 hours 

Suppl e m e ntal Cu s tody Proc e dur e s — 8 hours 

TOTAL HOURS ' 126 hours 

{%j P e r s ons who have completed a minimum 160 hour 

Basic Law Enforcem e nt Training Cours e accr e dit e d 

by th e North Carolina Criminal Justic e Training and 

Standards — Council — und e r — rul e s — administ e r e d 



be 



JuK 1. 1973 and 



gmning on Jul\ I. iv/j ana continu i ng through 
S e pt e mb e r 30. 197 8 and who hav e been separated 
from a sworn law e nforc e m e nt position for mor e 
than two y e ar s shall b e r e quir e d to compl e t e a 
commis s ion accredit e d — Basic — Law — Enforc e m e nt 
Train i ng Cours e in its entir e t\ r e gardless of training 
and e xp e ri e nc e and pa s s th e Stat e Compr e h e n s iv e 
Examination — within — the — 12 — month — probationary 
period as pr e scrib e d in 12 NCAC lOB .0503(a>. 
P e rsons who hav e compl e t e d a minimum 2 tO hour 
Basic Law Enforc e m e nt Training Cour se accr e dit e d 
by th e North Carolina Criminal Ju s tic e Education 
and Training Standard s Commission and th e North 
Carolina Sh e riffs' Education and Training Standards 
Commission und e r rul es administ e r e d b e ginning 
Octob e r 1. 1978 and continuing through S e pt e mb e r 
30. 19 8 ) and who hav e b ee n separat e d from a sworn 
law e nforc e m e nt position for ov e r on e y e ar but no 
mor e than thr ee \ e ars s hall b e r e quir e d to compl e t e 
th e following portions of a commis s ion accredit e d 
Basic Law Enforc e m e nt Training Cour se and pass 
th e Stat e Compr e h e n s iv e Examination within th e 12 
month probationary p e riod as prescrib e d in — 1-3 
NCAC lOB .0503(a"). 

fA4 Lav\s of Arr e st. S e arch and S e izur e 16 hours 
{%) Elem e nts of Criminal Law 2 4 hour s 

(G) Juv e nil e Laws and Proc e dur e s 8 hours 

(B^ Controll e d Sub s tanc es 6 hours 

<^ ABC Laws and Proc e dur e s 1 hours 

(F) Motor V e hicl e Laws 20 hours 

(G4 Civil Proc e ss 21 hours 

(444 Supplem e ntal Cu s tody Proc e dur es — 8 hours 
TOTAL HOURS 110 hours 



1641 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



PROPOSED RULES 



{%) P e rsons who hav e compl e t e d a minimum 2 4 hour 
Ba s ic Law Enforc e ment Training Cours e accr e dit e d 
by th e North Carolina Criminal Justice Education 
and Training Standard s Commis s ion and th e North 
Carolina Sh e riff s ' Education and Training Standard s 
Commission und e r rul e s admini s t e r e d beginning 
October 1. 1978 and continuing through S e pt e mb e r 
30, 19 8 1 and who have been separat e d from a sworn 
law e nforc e m e nt position for mor e than thr ee y e ar s 

shall be r e quir e d te compl e t e a 

commis s ion accr e dit e d — Ba s ic — baw — Enforcem e nt 
Training Cours e in it s e ntir e ty r e gardl e s s of prior 
training — and — e xp e ri e nc e — and — pass — the — Stat e 
Compr e h e nsiv e Examination within th e 12 month 
probationary p e riod as pr e scrib e d in 12 NCAC lOB 
.0503(a). 

(9^ P e r s on s who hav e compl e t e d a minimum 3 8 1 hour 
Ba s ic Law Enforc e m e nt Training Cours e accr e dit e d 
by th e North — Carolina Sh e riff s ' — Education — and 
Training — Standard s — Commission — und e r — rul es 
administ e r e d b e ginning Octob e r K 19 8 1 and e nding 
Dec e mb e r 31. 198 8 and who hav e b ee n se parat e d 
from a sworn law e nforc e m e nt position for ov e r on e 
year but no mor e than thr ee y e ar s shall b e r e quir e d 
te — complet e — the — following — portions — ef — a 
commission accr e dit e d — Basic — Law — Enforc e m e nt 
Training Cours e and pa ss th e Stat e Compr e h e nsiv e 
Examination — within — the — 1^ — month — probationan, 
p e riod as pr e scrib e d in 12 NCAC lOB .0503(a). 
(-A-) Laws of Arr e st. S e arch and S e izur e 1 6 hours 
{%) El e m e nts of Criminal Law 24 hours 

{G^ Juv e nil e Laws and Proc e dur e s 8 hours 

fB) Controll e d Sub s tanc es 6 hours 

f&) ABC Laws and Proc e dur e s 1 hours 

(F) Motor V e hicl e Law s 20 hour s 

(G) Civil Proc e s s 2 4 hours 
(44) Suppl e m e ntal Custody Proc e dur e s — 8 hours 

TOTAL HOURS 110 ho u rs 

-(40) P e rsons transf e rring to a Sh e riffs Office from 

anoth e r — law — e nforc e m e nt — ag e nc> — whe — heM 

c e rtification issu e d by th e North Carolina Criminal 

Justic e Education and Training — Standards 

Commission and who hav e previously completed a 
commission accr e dited — Ba s ic — Law^ — Enforc e m e nt 
Training Cours e b e ginning on or aft e r Octob e r 1. 
198 4 and who hav e b ee n s e parated from a s worn 
law e nforc e m e nt position for no mor e than on e y e ar 
or who hav e had no br e ak in s e rvic e shal l b e 
r e quir e d to compl e t e th e following e num e rat e d 
topic s — of a — commission accr e dit e d — Basic — Law 
Enforc e m e nt Training Cour se and pass that portion 
of th e Stat e Compr e h e nsiv e Examination which 
deals with thos e s ubj e cts within 12 months of th e 
date of appointm e nt a s d e fin e d in 12 NCAC lOB 
.0103(1). 

(A) Civil Proc e ss 2 4 hour s 

(B) Suppl e m e ntal Custody Proc e dur e s — 8 hours 



TOTAL HOURS ^34»aFS 

-(44) P e rsons who have compl e t e d a minimum 369 hour 
Ba s ic Law Enforc e m e nt Training Cours e accr e dit e d 
by th e North Carolina Criminal Justic e Education 
and Training Commis s ion und e r rul e s b e ginning 
Octob e r 1. 198 4 and e nding July I. 1989 and who 
hav e b ee n se parat e d from a sworn law enforcement 
position for ov e r on e y e ar but no mor e than three 
y e ar s shal l b e r e qu i r e d to compl e t e th e following 
portions of a commis s ion accr e dit e d — Basic Law 
Enforc e m e nt Training Cour se and pa ss th e Stat e 
Compr e h e nsiv e Examination within th e 12 month 
probationary p e riod as pr e scribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arr e st. S e arch and S e izur e 1 6 hours 
fB) El e m e nt s of Criminal Law 2'\ hours 
(€) Juv e nil e Laws and Proc e dur e s 8 hours 
(©) Controll e d Sub s tanc es 6 hours 

(B) ABC Law s and Proc e dur es 4 hours 
{¥) Motor Vehicle Laws 20 hours 
(G) Civil Process 2 4 hours 
(44) Supplemental Cu s tody Proc e dur e s — 8 hours 

TOTAL HOURS 110 hours 

(43) P e r s ons who hav e compl e t e d a minimum 4 22 hoar 
Ba s ic Law Enforc e m e nt Training Cours e accr e dii e d 
by th e North Carolina Sh e riff s Education and 
Training Standards Commi s sion und e r th e rul e s 
administ e r e d b e ginning January I. 1989 and e nding 
F e bruarv 1. 1991 and who hav e b ee n s e parat e d irom 
a s worn law e nforc e m e nt position for ov e r one y e ar 
but no mor e than thr ee y e ars sha l l b e r e quir e d to 

compl e t e the following portion s e4 a 

commission accr e dit e d — Ba s ic — Law — Enforc e m e nt 
Training Cours e and pass th e Stat e Compr e h e nsiv e 
Examination — with i n — the — \2 — month — probationary 
p e riod a s pr es crib e d in 12 NCAC lOB .050? a). 
(A) Law s of Arr e st. S e arch and S e izur e i 6 hours 
(&) El e m e nts of Criminal Law 2 4 hours 

(G) Juv e nil e Laws and Proc e dur e s 8 hours 

f&) Controll ed Substanc e s 6 hours 

fB) ABC Laws and Proc e dur e s 4 hour s 

(F) Motor V e hicl e Laws 20 hours 

(G) Civil Proc e ss 2 4 hours 
(44) Supplem e ntal Custody Proc e dur e s — 8 hours 

TOTAL HOURS ' 110 hours 

(44) P e rsons who have pr e vious l y compl e ted a minimum 
'110 hour Basic Law Enforcem e nt Training Cours e 
accr e dit e d b\ th e North Carolina Criminal Justic e 
Education — afid — Training — Standards — Commission 
und e r rul e s administ e r e d b e ginning July 1. 1989 and 
e nding — F e bruary — h — 1-99-1 — artd — v ^ ho have b e en 
se parat e d from a sworn law e nforcement position 
for ov e r on e y e ar but no mor e than three years shall 
b e r e quir e d to compl e t e th e following portions of a 
commi s sion accr e dit e d — Ba s ic — Law — Enforc e m e nt 
Training Cours e and pas s th e State Compr e h e nsiv e 



13:19 



NORTH CAROLINA REGISTER 



April L 1999 



1642 



PROPOSED RULES 



<44) 



{^ 






Examination — vvitiiin th e — i2 — month — probationary' 
p e riod as pr e scrib e d in 12 NCAC lOB .0503(a). 
(A) Laws of Arr e st. S e arch and S e izur e 1 6 hour s 
(6) El e m e nts of Criminal Law 24 hours 

(€) Juv e nil e Laws and Procedur e s 8 hours 

(©) Controll e d Substances 6 hours 

{B) ABC Laws and Procedur e s 4 hour s 

(F) Motor V e hicle Laws 20 hours 

(G) Civil Process 2 4 hour s 
(H) Supplemental Cu s tody Proc e dur e s — 8 hour s 

TOTAL HOURS 110 hours 

P e r s on s who hav e compl e t e d a minimum 4 LI hour 
Ba s ic Law Enforc e m e nt Training Cours e accr e dit e d 
by th e North Carolina Sh e riffs' Education and 
Training Standards Commission und e r th e rul e s 
administ e r e d b e ginning F e bruary L 1991 and e nding 
January 1, 1996 and who hav e b ee n se parat e d from 
a sworn law e nforc e m e nt po s ition for ov e r on e y e ar 
but no mor e than thr ee y e ars shall b e r e quir e d to 

compl e t e the following portions ef a 

commission accredited — Basic — Law — Enforc e m e nt 
Training Cours e and pas s th e Stat e Compr e h e nsiv e 
Examination within th e — 12 month probationary' 
p e riod as pr e scribed in 12 NCAC I OB .0503(a). 
(A) Laws of Arr e st, S e arch and S e izur e 16 hour s 
(©) Elements of Criminal Law 2 4 hour s 

{G^ Juv e nil e Law s and Proc e dur es 8 hours 

(&) Controll e d Substances 6 hour s 

fE^ ABC Laws and Proc e dur es 4 hour s 

fH Motor V e hicl e Laws 20 hours 

(G) Civil Process 24 hours 

(H) Suppl e mental Cu s tody Proc e dur e s — 8 hour s 

TOTAL HOURS 



1 1 hours 

P e rsons who have previously compl e t e d a minimum 
432 hour Basic Law Enforc e m e nt Training Cours e 
accr e dited by the North Carolina Criminal Justic e 
Education — sb4 — Training — Standards — Commission 
und e r rul e s administ e r e d b e ginning F e bruary — h 
1991 and who hav e b ee n se parat e d from a sworn 
low enforc e m e nt position for ov e r on e year but no 
mor e than thr ee y e ar s shall b e r e quir e d to compl e t e 
th e following portion s of a commi ss ion accr e dit e d 
Basic Law Enforc e m e nt Training Cours e and pass 
th e Stat e Compr e h e nsiv e Examination within th e 12 
month probationary p e riod as pr e scrib e d in — 1^ 
NCAC 1 OB .0503(a). 

fA) Laws of Arr e st, S e arch and S e izur e 1 6 hours 
fB) El e m e nts of Criminal Law 2 4 hours 

(G) Juv e nil e Laws and Proc e dur e s 8 hour s 

(&) Controll e d Substance s 6 hours 

fB) ABC Laws and Proc e dur es 4 hours 

(F) Motor V e hicl e Laws 20 hours 

(G) Civil Proc e ss 24 hour s 
(H) Suppl e m e ntal Custody Proc e dur es — 8 hours 

TOTAL HOURS 110 hours 

Persons who hav e compl e t e d training as a f e d e ral 
law e nforc e m e nt offic e r and ar e appoint e d as a 
d e puty . '- h e riff in North Carolina shal l b e r e quir e d to 



compl e t e — a — commission accr e dit e d — Basic — Law 
Enforc e m e nt — Training — Cours e — m — its — e ntir e ty 
r e gardl e ss — ef — pr e vious — f e d e ral — t raining — and 
e xp e ri e nc e — and — pass — (he — State — Compr e hensive 
Examination within th e — 12 month probationary 
p e riod as pr e scrib e d in 12 NCAC lOB .0503(a). 

fW) P e r s on s out of th e law e nforcement prof es sion for 
ov e r thr ee y e ar s r e gardless of prior training or 
e xp e ri e nc e shall complet e a commission accr e dit e d 
Ba s ic Law Enforc e m e nt Training Cours e in its 
e ntir e ty — and — pass — the — Stat e — Compr e h e nsive 
Examination within the — 1 2 month probationar>' 
p e riod as pr e scribed in 12 NCAC lOB .05G3(a). 

(+8^ Wildlif e Enforcem e nt Offic e r s who compl e t e d the 
Basic Law Enforc e m e nt Training Course prior to 
S e pt e mb e r 30, — 1985 and ar e sworn as justice 
offic e rs shall b e subj e ct to the evaluation rul e s as 
s tat e d in 12 NCAC lOB .0505(a)(1) and (a)( 4 ) 
through (II). 

(+9) Wildlife Enforc e m e nt Offic e rs who s e parat e from 
e mplov'm e nt with th e Wildlife Enforc e m e nt Division 
and hav e l e ss than on e y e ar break in service, who 
transf e r to a Sh e riffs Office in a sworn capacity, and 
who compl e t e d th e ir Basic Training aft e r S e pt e mb e r 
iQ-, — 1985 s hall compl e t e th e following blocs of 
in s truction and pass th e stat e exam in its e ntirety 
within — the — 1^ — month — probationary — p e riod — as 
pr e scrib e d in 12 NCAC lOB .0503(a). 
{A) Crim e Pr e v e ntion T e chniqu e s 4 hours 

f&) M e chanics of Arr e st: Custod y- 
Proc e dur e 2 hours 
(€) M e chanic s of Arr es t: Proc es sing 

Arr e st ee 4 hours 

(©) Sp e cial Populations 12 hours 

(E) T e chniqu e s of Traffic Law 

Enforc e m e nt 6 hour s 

(F^ D e aling with Victims and th e Public 8 hours 

(G) Civil Proc es s 24 hours 

(H) Suppl e m e ntal Cu s tody Proc e dur es — 8 hour s 

TOTAL HOURS 68 hour s 

(50) Wildlif e Enforcement Officers who complet e d Basic 
Law Enforc e m e nt Training on or after September 
30, 1985 and hav e b ee n out of a sworn position ov e r 
on e year but no mor e than thr ee years, and ar e sworn 
as a ju s tice officer must compl e t e th e following 
blocs of in s tructions and pass th e state e xam in its 
e ntir e ty — during — their — probationary — p e riod — as 
pr e scrib e d in 12 NCAC lOB .0503 (a). 

(A) Laws of Arrest Search and S e izur e 16 hour s 

(B) El e m e nt s of Criminal Law 2 4 hour s 
(G) Juv e nil e Law s and Procedur e s 8 hour s 
(©) Controll e d Substanc e s 6 hours 

(E) ABC Law s and Proc e dur e s 4 hours 

(F) Motor V e hicl e Laws 20 hours 

(G) Crim e Pr e vention T e chniqu es 4 hours 
(H) M e chanics of Arr e st: Custody 

Proc e dur e s 2 hours 

fB M e chanics of Arrest: Proc e ssing 



1643 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



(5+^ 



(33^ 



^m 



Arrest e es 1 hours 

(^ Sp e cial Populations 1 2 hour s 

^ Techniqu e s of Traffic Law 

Enforc e m e nt 6 hours 

ft) D e aling with Victims and th e Public 8 hour s 
(M) Civil Process 2 4 hour s 

(H) Suppl e mental Custody Proc e dur es — 8 hour s 

TOTAL HOURS ' M 6 hours 

Alcohol Law Enforc e m e nt Offic e rs who complet e d 
th e Basic Law Enforcement Training Cour se prior to 
April 1. 19 8 3 or after Nov e mb e r 1. 1003. and ar e 



s ubj e ct to th e 
: NCAC lOB 



s worn as a justic e offic e r s hall be 
e valuation rul e s as pr e scrib e d in \. 
.0505(a)(3 ) through ( 8 ) and (a)( M ), ( 1 5 ) and (21 ). 
Alcohol Law Enforc e m e nt Offic e r s who se parat e 
from — e mploym e nt — with — the — Alcohol — Law 
Enforc e m e nt Divi s ion and hav e l ess than a one y e ar 
br e ak in s e rvic e , who transfer to a Sheriffs Offic e in 
a sworn capacity, and who complet e d th e ir Basic 
Training administ e red b e ginning April 1. 1083 and 
e nding Nov e mb e r — L — 1-W3 — shaH — compl e t e th e 
following bloc s of instruction and pass th e stat e 
comprehensive e xam in its e ntir e ty within th e 12 
month probationary period as pr e scrib e d in — M 
NCAC 1 OB .0503(a). 

fA) traw — Enforc e m e nt — Communication — and 

^1 hours 



Information Syst e ms 

Patrol T e chniqu e s 

Crim e Pr e v e ntion T e chniques 

M e chanics of Arrest: Vehicl e Stops 

Mechanics of Arrest: Custody 

Procedures 

Mechanics of Arr e st: Proc e ssing 

Arrestee 

Sp e cial Population s 

Interview s : Fi e ld and In Cu s tody 

Motor Vehicle Law 

Techniqu e s of Traffic Law 

Enforcement 

D e aling with Victim s and th e Public 

Civil Proc es s 

Suppl e m e ntal Cu s tody Proc e dur es - 



16 hours 

1 hours 
6 hours 

2 hours 

4 hours 
12 hours 

8 hours 
20 hours 

6 hours 

8 hours 

2 4 hours 

8 hours 



(&) 

TOTAL HOURS 122 hours 

Alcohol Law Enforc e m e nt Offic e rs who compl e t e d 
th e ir Basic Training admini s t e r e d b e ginning April 1. 
19 8 3 and ending Nov e mb e r 1. 1003 and ar e sworn 
as a justic e offic e r and who hav e b ee n out of a 
sworn position for over on e y e ar but no mor e than 
thr ee y e ars shall compl e t e th e following blocs of 
instruction and pass the stat e e xamination in its 
e ntir e ty during th e ir one year probationary p e riod as 
pr es crib e d in 12 NCAC lOB .0503(a). 
fA-) Law s of Arr e st. S e arch and Seizure 1 6 hours 
(&) El e m e nt s of Criminal Law 2 4 hours 

(€) Juv e nil e Laws and Proc e dures 8 hour s 

(B) Controlled Sub s tanc e s 6 hours 

fE) ABC Laws and Proc e dur e s 4 hour s 



ff^ taw — Enforc e m e nt — Communication — and 

Information Syst e ms 4 hours 

(G) Patrol T e chniqu e s 16 hours 

(H) Crim e Pr e v e ntion T e chniques 4 hours 

(i) M e chanics of Arr e st: V e hic le Stops 6 hours 

(J) M e chanics of Arrest: Custody 

Proc e dur e s 2 hours 

{¥s^ M e chanics of Arr e st: Proc e ssing 

Arr e st ee 4 hours 

ft) Special Population s 1 2 hours 

fM) Int e rvi e ws: Fi e ld and In Cu s tody 8 hours 

(N) Motor V e hicle Law 20 hours 

{Q) T e chniqu e s of Traffic Law 

Enforc e m e nt 6 hour s 

fP) D e aling with Victims and the Public 8 hours 
(Q) Civil Proc e ss 2 4 hours 

fR) Suppl e m e ntal Custody Proc e dures — 8 hours 

TOTAL HOURS ' 1 80 hours 

(34) P e r s ons who hav e pr e viously compl e ted a minimum 
472 hour Ba s ic Law Enforc e m e nt Training Course 
accr e dited by th e North Carolina Sh e riffs' Education 
and Training Standards Commis s ion, und e r th e rules 
admini s t e r e d b e ginning January 1, 1996 and who 
have been s e parat e d from a sworn law e nforcement 
position for ov e r on e y e ar but no mor e than three 
y e ars shall b e r e quir e d to compl e t e th e following 
portions of a commi s sion accr e dit e d Basic Law 
Enforc e m e nt Training Cour se and pass th e State 
Compr e h e nsiv e Examination with th e — 1 2 month 
probationary p e riod as pr e scrib e d in 13 NCAC lOB 



.0503(a). 

fA) Laws of Arr e st. S e arch and S e izur e 16 hour s 

f&) El e m e nts of Criminal Law 24 hours 

(€4 Juv e nil e Laws and Proc e dur e s 8 hours 

(©) Controll e d Substances 6 hours 

ft) ABC Laws and Proc e dur es 4 hours 

fF) Motor Vehicl e Laws 20 hours 

{&) Civil Process 2 4 hours 

(4+) Suppl e mental Cu s tody Proc e dur e s — 8 hour s 

TOTAL HOURS 1 1 hours 

<%) — In those instanc e s not sp e cifically incorporat e d within 

this S e ction or wh e r e an e valuation of th e applicant's prior 

training and experi e nc e d e t e rmin e s that r e quir e d att e ndanc e in 

the entire Basic Law Enforc e m e nt Training Cour se would b e 

impractical, the dir e ctor may e x e rci se hi s /fi e r di s cr e tion in 

d e t e rmining th e amount of training, which i s comparabl e to 

that receiv e d by d e puti e s pursuant to 12 NCAC lOB .0502(a). 

those persons shall compl e t e during th e ir probationary p e riod. 

(3) Persons transferring to a Sheriffs Office from 

another law enforcement agencv who held 

certification and who have previousK completed a 

commission-accredited Basic Law Enforcement 

Training Course beginning on or after October f, 

1084. and continuing to July L 2000 and who have 

been separated from a sworn law enforcement 

position for no more than one year or who have had 

no break in service shall be required to complete the 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1644 



PROPOSED RULES 



following enumerated 



commission-accredited 



topics of a 
Basic Law Enforcement 



Training Course and pass that portion of the State 
Comprehensive Examination which deals with those 
subjects within 12 months of the date of 
appointment as defined in 12 NCAC I OB .0103(1). 

(A) Civil Process 24 hours 

(B) Sheriffs" Responsibilities: Detention 
Duties 4 hours 

(C) Sheriffs' Responsibilities: Court 

Duties 6 hours 

UNIT TOTAL 34 hours 

(4) Persons who have training and experience as a 
military law enforcement officer and are appointed 
as a deputy sheriff in North Carolina shall be 
required to complete a commission-accredited Basic 
Law Enforcement Training Course in its entirety 
regardless of previous military training and 
experience and pass the State Comprehensive 
Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(5) Persons transferring to a sheriffs office from 
another law enforcement agency who have 
previously completed a commission accredited Basic 
Law Enforcement Training Course beginning on or 
after January J^ 1996 and continuin g to July J^ 
1997. and who did not complete the Commission's 
Driver Training curriculum, and who have been 
separated from a sworn law enforcement position 
for no more than one year or who have had no break 
jn service shall be required to complete the 
following enumerated topics of a commission ^ 
accredited Basic Law Enforcement Training Course 
within 12 months of the date of appointment as 
defined in 1 2 NCAC 1 OB .0 1 03( 1 ) 

(A) Law Enforcement Driver Training 40 hours 

(6) Qualified North Carolina applicants shall: 

(A) have a minimum of two years full-time sworn 
law enforcement experience which occurred 
prior to their application; 

(B) have had a break in service exceeding one 
year; 

(C) have previously received General or 
Grandfather certification as a sworn law 
enforcement officer by either the Commission 
or the North Carolina Criminal Justice 
Education and Training Standards 
Commission, and such certification has not 
been denied, revoked or suspended by either 
Commission; and; 

(D) have held general powers of arrest. 

(7) Qualified out-of-state transferees shall: 

(A) have a minimum of two years full-time sworn 
law enforcement experience which occurred 
immediately prior to their application; 

(B) have held certification in good standing as a 
sworn law enforcement officer from the 
appropriate Peace Officer's Standards and 



m 



m 



Training entity in the transferee's respective 
state; 

(C) have had general powers of arrest; and 

(D) submit documentation verifying their 
qualified status. 

Qualified Federal Transferees shall: 

(A) have a minimum of two years full-time sworn 
law enforcement experience which occurred 
prior to their application; 

(B) have held certification or commissioning as a 
sworn law enforcement officer from the 
appropriate federal entity authorized to issue 
such sworn law enforcement officers 
certification or commission; 

(C) have held general powers of arrest; and 

(D) submit documentation verifying their 
qualified status. 

Qualified North Carolina applicants; qualified out- 
of-state transferees; and qualified federal transferees 
shall be allowed to select one of the following two 
options for gaining North Carolina certification as a 
deputy sheriff: 

(A) Undertake and successfully complete Basic 
Law Enforcement Training m jts entirety 
during a one year probationary period and 
successfully pass the State Comprehensive 
Examination; 

(B) Successfully pass the following entry criteria: 

£ij Challenge the Basic Law Enforcement 
Training Comprehensive State 
Examination to be delivered at the end 
of an ongoing Basic Law Enforcement 
Training Course and successfully pass 
each unit examination of the 
comprehensive examination with a 
minimum score of 70%. Any applicant 
failing to pass any unit examination 
will be required to enroll in each topic 
area which comprises that unit taught 
in a subsequent BLET course and 
submit to the unit examination at the 
end of the course and pass that unit 
examination. 

shall 



(ii) Each applicant 



demonstrate 



satisfactory knowledge of the 
following skills related activities 
before an appropriate instructor 



certified 
Criminal 



by the 
Justice 



North Carolina 
Education and 



Training Standards Commission. 
Successful completion of the skills 
related activities will be documented 
on a Commissioned approved form by 
the certified instructor. 
(1) First Responder 
(11) Firearms 

(111) Law Enforcement Driver 
Training 



1645 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



(IV) 

m 



Physical Fitness 



Subject Control Arrest 

Techniques 

(iii) Any applicant failing to pass a test 
reference m Rule 12 NCAC IQB 
.0505(a)(4)(B)(l) of a unit examination 
will be required to complete Basic Law 
Enforcement Training [n its entirety. 

(iv) All criteria referenced in 12 NCAC 
lOB .0505(b)(2) and Q} rnust be 
successfully completed within 12 
months. 

Authority G.S. 17E-4: 17E-7. 

.0506 TRAINEE ATTENDANCE 

(a) Each train ee e nroll e d in an accredit e d "Baaic Law 
Enforc e m e nt Training Cours e " shal l attend all class sessions. 
Th e sh e riff s hall b e r es ponsibl e for th e train ee 's r e gular 
att e ndanc e at criminal justic e training cour se s in which th e 
train ee is e nroll e d. 

fb4 Th e school dir e ctor may r e cogniz e valid r e asons for 
cla ss abs e nc e s and mav e xcus e a train ee from att e ndanc e at 



subsequ e nt d e liv e ry' of th e sam e cours e where th e school 

dir e ctor provid es e v i d e nc e that: 

fH Th e train ee att e nd e d and satisfactorily compl e t e d 
s p e cifi e d class hours and topics of th e "Basic Law 
Enforc e ment Training Cours e " but through e xt e nd e d 
abs e nc e occa s ion e d by illn ess , accid e nt, e m e rgency, 
or oth e r good caus e was abs e nt for mor e than t e n 
p e rc e nt of th e total class hour s of th e cour se 
off e ring; or 
(3^ The train ee was grant e d e xcus e d abs e nces by the 
school d i r e ctor that did not e xc ee d t e n p e rc e nt of the 
total cla ss hour s for th e cours e off e ring and the 
s chool — dir e ctor could not — s ch e dul e appropriat e 
mak e up work during th e curr e nt cours e off e ring a s 
s p e cifi e d in 12 NCAC lOB .0506(c) du e to valid 



r e a s on s : or 



{^ 



Th e train ee participat e d in an off e ring of th e "Ba s ic 
Law Enforc e m e nt Training Cours e " but had an 
id e ntifi e d d e fici e ncy in e ss e ntial knowledg e or skill 
in e ith e r on e . two or thr ee , but no mor e than three, 
of th e sp e cific topic ar e as incorporat e d in cours e 
cont e nt as pr e scrib e d in 12 NCAC lOB .0502(a>. 
fb-) An authorization of limit e d e nrollm e nt in a subs e qu e nt 
sp e cific class s es sions. — How e v e r, in no case may e xcus e d cours e d e l i v e ry may not b e is s u e d by th e Dir e ctor unl e ss in 



ab se nc e s exceed ton percent of th e total class hours for the 
course off e ring. 

{€^ if the school director grants an e xcus e d abs e nc e fi'om a 
class session, he shall schedule appropriat e mak e up work and 
e nsur e th e sati s factory compl e tion of such work during the 
curr e nt course pr e sentation or in a s ubs e qu e nt cours e delivery 
as is p e rmissible under Rul e 12 NCAC IQB .0507. 

(4) A trainee shall not b e e ligibl e for admini s tration of th e 
State — Comprehensive — Examination — ner — c e rtification — fer 
succ e ssful cours e compl e tion if th e cumulat i v e total of clas s 
absenc e s, with acc e pt e d mak e up work, e xc ee ds t e n p e rc e nt of 
th e total clas s hours of th e accr e dit e d cour se off e ring. — Satd 



addition to th e e vid e nc e r e quir e d by Paragraph (a) of thi s Rul e : 
f44 Th e train ee submit s a writt e n r e qu e st to the Director, 
justilying th e limit e d e nrollm e nt and c e rtifying that 
th e train ee 's participation shall b e accomplish e d 
pursuant to Paragraph (c) of this Rule: and 
(3) Th e s chool dir e ctor of th e pr e vious cours e off e ring 
submit s — te — (he — dir e ctor a — c e rtification — of th e 
particular topics and class hour s att e nd e d and 
satisfact ori ly co mpl e t e d by th e train ee during th e 



fe) An authorization of limit e d e nrollm e nt in a subs e qu e nt 
cours e delivery permits th e train ee to att e nd an off e ring of th e 



participant s hould b e e xp e di e ntly t e rminat e d from furth e r "Basic — Law — Enforc e m e nt — Training Cour se " — comm e ncing 
cours e participation by th e school dir e ctor at th e tim e of such within — 120 cal e ndar day s from th e la s t dat e of train ee 
occurr e nce. participation in prior cours e d e liv e ry, but only if th e train ee ' s 

{e^ A school dir e ctor may t e rminat e a train ee from cours e e nrollm e nt — with — activ e — cours e — participation — ean — be 
participation or may d e ny c e rtification of s ucc e ssful course accomplish e d within th e p e riod of th e train ee 's probationary 

c e rtification: 

(4-) Th e train ee n ee d only att e nd and sati s factorily 

compl e t e thos e portions of th e cour se which w e r e 

mi s s e d or w e r e id e ntifi e d by th e s chool dir e ctor a s 

ar e a s of train ee d e fici e ncy in th e prior cours e 

participation. 

(3) Following — prop e r e nrollm e nt — in th e sub se qu e nt 

cours e off e ring, s ch e dul e d class att e ndanc e , and 

activ e participation with sati s factory achi e v e m e nt in 

the — cour se . — the — train ee — would — be — e ligibl e — for 

admini s tration — of — (he — Stat e — Compr e h e n s iv e 

Examination — by — the — Commi ss ion — and — po s sibl e 

c e rtification of succ e ssful cours e compl e tion. 

(#) A train ee who is d e fici e nt in four or more subj e ct matt e r 

or topical ar e a s at th e conc l u s ion of the cours e d e liv e ry shall 



compl e tion where th e train ee i s habitually tardy to. or r e gularly 
d e parts e arly from, cla s s m ee tings or fi el d e x e rci se s. 

(-f) Wh e r e a train ee is e nroll e d in a program as r e quir e d in 
12 NCAC lOB .0502. an e ndanc e shall b e 100 p e rc e nt in order 
to r e c e iv e successful cour se compl e tion . 

Authority G.S. I~E-4: 17E-7. 

.0507 COMPLETION OF THE BASIC LAW 
ENFORCEMENT TRAINING COURSE 

{a) Each d e liv e ry of an accredited "Basic Law Enforc e m e nt 
Training Cour se " is consid e red to be a unit. Each train ee shall 
attend and satisfactorily complete th e full cours e during a 
s ch e dul e d delivery. — Th e Dir e ctor may i s su e prior writt e n 
authorization for a s p e cifi e d train ee ' s limit e d e nrollm e nt in a 



13.19 



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1646 



PROPOSED RULES 



satisfactor\' comp e t e nc e in e ach motor s kill or p e rformanc e 
ar e a of th e cour se curriculum but has fail e d to achi e v e th e 
minimum — scor e — ef — 70 — p e rc e nt — en — the — Commission's 
compr e h e nsiv e writt e n e xamination may r e qu e st th e Dir e ctor 
to authoriz e a r e e xamination of th e train ee . 

f4-) Th e train ee 's R e qu e st of R e examination shall be 
mad e in writing on th e Commission' s form within 00 
day s aft e r th e original e xamination and shall b e 
r e c e iv e d by th e Division b e fore th e e xpiration of th e 
train e e's — probationary — c e rtification — as — a — d e puty 
s h e riff. 

(3) Th« — train ee ' s — r e qu e st — fef — r e e xamination — shal4 
include th e favorabl e r e comm e ndation of th e school 
dir e ctor who admini s t e r e d th e train ee ' s "Ba s ic Law 
Enforc e m e nt Training Course". 

t^ A train ee shal l hav e only on e opportunity for 
r e e xamination and shall s ati s factorily compl e t e th e 
s ub se qu e nt e xamination in its entir e ty. 

(4) Th e train ee will be assign e d in writing by the 
divi s ion place, tim e , and dat e for r e e xamination. 

(#4 Shou l d th e train ee on r e e xamination not achi e v e th e 
pr es crib e d minimum score of 70 on th e e xamination. 
the — train ee — may — net — be — r e comm e nd e d — for 
c e rtificat i on — and — must — e nroll — and — compl e t e — a 
s ubs e qu e nt basic training cours e — m — its e ntir e ty 
b e fore furth e r e xamination may b e p e nnitt e d. 

Authority G.S. 17E-4: 17E-7. 

.0509 SATISFACTION OF MINIMUM TRAINING 
REQUIREMENTS 



m 



(^ 



compl e t e a s ub se qu e nt program in it s e ntir e ty within the 
train ee 's probationary p e r i od. 

Authorities. 17E-I: 17E-7. 

.0508 COMP WRITTEN EXAM -BASIC LAW 
ENFORCEMENT TRAINING COURSE 

fa) At th e conclusion of a s chool's off e ring of th e "Basic 
taw — Enforc e m e nt — Training — Cours e ". — an — authoriz e d 
r e pr e s e ntativ e — ef — the — Commi ss ion — shaH — administ e r — a 
compr e h e nsiv e writt e n e xamination to e ach train ee who has 
satisfactorily compl e t e d all of th e cours e work. — A train ee 
cannot be adm i nist e r e d th e compr e h e n s iv e writt e n e xamination 
unt i l s uch tim e as all course work is compl e t e d. 

fb) Th e e xamination s hall b e an obj e ctive t e st consi s ting of 
multipl e choic e , tru e fal se , or similar qu e stions cov e ring th e 
topic ar e as as pr e scrib e d in 12 NCAC lOB .0502(a). 

(e) Th e Commission's r e pr e s e ntativ e shall submit to th e 
s chool dir e ctor within tlv e day s of the administration of th e 
e xamination a r e port of th e r e sults of th e t es t for each train e e 
e xamin e d. 

(4) A train ee s hall s ucc e ssfully complet e th e compr e h e nsiv e 
written e xamination if he/she achi e v e s a minimum of 70 
p e rc e nt corr e ct answ e r s . 

fe) A train ee who has fiilly participat e d in a sch e dul e d 
d e liv e ry of an accr e dit e d training course and has demonstrat e d .0601 



In ord e r to s ati s fy' th e minimum training r e quirem e nts for 
certification as a law enforc e m e nt offic e r, a train e e shall: 

f-H achi e v e a scor e of 70 p e rcent corr e ct answ e rs on the 
Commission administer e d compr e h e nsiv e written 
e xamination; 

d e monstrat e successful compl e tion of an accr e dited 
off e ring of th e "Basic Law Enforc e m e nt Training 
Cour se " as shown by th e c e rtification of th e school 
dir e ctor; 

d e mon s trat e — profici e ncy — m — aH — motor skill — and 
p e rformanc e — s ubj e cts — by — achi e ving a minimum 
passing grad e as s p e cifically e stablished in each of 
th e topical ar e a s in th e Commission's adopt e d "Basic 
Law Enforc e m e nt Training Manual"; and 
obtain th e recomm e ndation of th e train ee ' s s chool 
dir e ctor that th e train ee poss e s se s at — l e ast th e 



W 



poss e ! 
minimum d e gr ee of g e n e ral attribut es , knowl e dg e , 
and s kill to function as an in e xp e ri e nc e d d e puty 
sh e riff. 

Authorities. 17E-4: 17E-7. 

SECTION .0600 - MINIMUM STANDARDS OF 
TRAINING FOR DETENTION OFFICERS 



DETENTION OFFICER CERTIFICATION 
COURSE 

(a) This Section establishes the current standard by which 
Sheriffs' Office and district confinement personnel shall 
receive detention officer training. These Rules will serve to 
raise the level of detention officer training heretofore available 
to law enforcement officers across the state. The Detention 
Officer Certification Course shall consist of a minimum of 
44# 162 hours of instruction designed to provide the trainee 
with the skills and knowledge necessary to perform those tasks 
considered essential to the administration and operation of a 
confinement facilit>'. 

(b) Each Detention Officer Certification Course shall 
include the following identified topic areas and approximate 
minimum instructional hours for each area: 

( 1 ) Orientation 

(2) Criminal Justice System 

(3 ) Legal Aspects of Management & 
Supervision 

(4) Contraband/Searches 

(5) Processing Inmates 

(6) First Aid &CPR 

(7) Medical Care in the Jail 

(8) Patrol & Security Functions of the Jail 

(9) Key and Tool Control 

(10) Supervision & Management of Inmates 

(11) Suicides & Crisis Management 

(12) Introduction to Rules & Regulations 
Governing Jails 

(13) Stress 

(14) Investigative Process in the Jail 

(15) Specializ e d Subject Control Techniques 

(16) Special Populations 



2 hours 


3 hours 


19 hours 


6 hours 


5 hours 


10 hours 


5 hours 


5 hours 


2 hours 


5 hours 


5 hours 


2 hours 


2 hours 


9 hours 


24 hours 


4 hours 



1647 



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April I, 1999 



13:19 



PROPOSED RULES 



(17) Transportation of Inmates 6 hours 

(18) Fire Emergencies 12 hours 

(19) Fingerprinting and Photographing Arrestees 6 hours 

(20) Physical A s s e ssm e nt Fitness for Detention 
Officers 4 20 hours 

(2 1 ) Review/Testing 7 hours 

(22) State Comprehensive Examination 3 hours 



Review/Testing 

State Comprehensive Examination 

TOTAL HOURS 



446162 hours 



(c) In addition to th e r e quir e m e nts of Paragraph (b) of this 
Rule, th e r e ading compon e nt of a standardiz e d t e st shall b e 
administered to each trainee within th e first two w ee ks of th e 
D e t e ntion Offic e r C e rtification Course, and th e r e ading grad e 
l e vel r e port e d a s a part of th e train ee ' s official training records. 
The school dir e ctor shall d e t e rmin e th e t e st instrument to be 

(4)tcJ Consistent with the curriculum development policy of 
the Commission as published in the "Detention Officer 
Certification Course Management Guide", the Commission 
shall designate the developer of the Detention Officer 
Certification Course curricula and such designation shall be 
deemed by the Commission as approval for the developer to 
conduct pilot Detention Officer Certification Courses. 
Individuals who complete such a pilot Detention Officer 
Certification Course offering shall be deemed to have 
complied with and satisfied the minimum training requirement. 

fe4(d) The "Detention Officer Certification Training 
Manual" as published by the North Carolina Justice Academy 
is hereby incorporated by reference and shall automatically 
include any later amendments and editions of the incorporated 
matter to apply as the basic curriculum for the Detention 
Officer Certification Course. Copies of this manual may be 
obtained by contacting the North Carolina Justice Academy, 
Post Office Box 99, Salemburg, North Carolina 28385-0099. 
The cost of this manual is forty dollars ($40.00) at the time of 
adoption of this Rule. 

ff)(e) The "Detention Officer Certification Course 
Management Guide" as published by the North Carolina 
Justice Academy is hereby incorporated by reference and shall 
automatically include any later amendments, editions of the 
incorporated matter to be used by certified school directors in 
planning, implementing and delivering basic detention officer 
training. The standards and requirements established by the 
"Detention Officer Certification Course Management Guide" 
must be adhered to by the certified school director. Each 
certified school director shall be issued a copy of the guide at 
tne time of certification at no cost to the accredited school. 

Authority G.S. 17E-4(a). 

SECTION .0700 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER SCHOOLS AND TRAINING 
PROGRAMS OR COURSES OF INSTRUCTION 

.0703 ADMINISTRATION OF DETENTION 
OFFICER CERTIFICATION COURSE 

(a) The executive officer or officers of the institution or 
agency sponsoring a Detention Officer Certification Course 



shall have primary responsibility for implementation of these 
rules and standards and for administration of the school. 

(b) The executive officers shall designate a compensated 
staff member who is certified by the Commission who may 
apply to be the school director. No more than two school 
directors shall be certified at each accredited institution/agency 
to deliver a Detention Officer Certification Course. The 
school director shall have administrative responsibility for 
planning scheduling, presenting, coordinating, reporting, and 
generally managing each sponsored detention officer 
certification course and shall be readily available at all times 
during course delivery as specified in 12 NCAC lOB .0704(b). 

(c) The executive officers of the institution or agency 
sponsoring the Detention Officer Certification Course shall: 

( 1 ) acquire and allocate sufficient financial resources to 
provide commission-certified instructors and to meet 
other necessary program expenses; 

(2) provide adequate secretarial, clerical, and other 
supportive staff assistance as required by the school 
director; 

(3) provide or make available suitable facilities, 
equipment, materials, and supplies for 
comprehensive and qualitative course delivery, as 
required in the "Detention Officer Certification 
Course Management Guide" and specifically 
including the following: 

(A) a comfortable, well-lighted and ventilated 
classroom with a seating capacity sufficient to 
accommodate all attending trainees; 

(B) audio-visual equipment and other 
instructional devices and aids necessary and 
beneficial to the delivery of effective training; 

(C) a library for trainees' use covering the subject 
matter areas relevant to the training course, 
maintained in current status and having 
sufficient copies for convenient trainee 
access; 

(D) an area designated for instruction of 
sp e cializ e d subject control techniques which 
enables the safe execution of the basic 
detention officer sp e cializ e d subject control 
techniques topic area, with the following 
specifications: 

(i) 30 square feet of floor space per 
student during the practical exercise 
portion of this topic area and while 
testing trainees' proficiency in 
performing the required maneuvers; 
and 

(ii) one instructor for every 10 students 
during the practical exercise portion of 
this topic area and while testing 
trainees' proficiency in performing the 
required maneuvers; and 

(iii) restrooms and drinking water within 
1 00 yards of the training site; and 



13:19 



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April 1, 1999 



1648 



PROPOSED RULES 



(iv) telephone or radio communication 
immediately available on site; 

(E) an area designated for use as a jail cell for 
performing the practical exercises in the topic 
area entitled "Contraband Searches". If a 
county jail cell is unavailable, a simulated jail 
cell is acceptable provided it is built to the 
same specifications required by the 
Department of Human Resources with 
regards to size; 

(F) an area designated for fire emergencies 
instruction which enables the safe execution 
of the lesson plan as follows: 

(i) a well-ventilated, open area which 

allows for the setting and putting out of 

a fire; and 
(ii) restrooms and drinking water within 

100 yards of the training site; and 
(iii) telephone or radio communication 

immediately available on site; and 
(iv) one instructor for every 10 students 

during the practical exercise portion of 

this training; 

(G) an area designated for physical ass e ssm e nt of 
#i€ fitness for detention officer trainees to 
include: 

(i) an area for running, weight lifting and 
other exercises performed during the 
assessment physical fitness topic area 
which provides a minimum of 20 
square feet per trainee during the 
performance of the exercises required 
in the ass e ssm e nt physical fitness topic 
area ; and 
(ii) restrooms and drinking water within 

100 yards of the training site; and 
(iii) telephone or radio communication 

immediately available on site; and 

(iv) shower facilities. if physical 

ass e ssm e nt fitness is performed prior 

to classroom training; and 

(v) one instructor for every 10 students 

during the p e rformanc e of th e actual 

ass e ssment physical fitness topic area ; 

and 

(H) an area designated for instruction in first aid 

and CPR techniques which provides a 

minimum of 20 square feet per trainee during 

the practical exercise portion and testing for 

proficiency in administering CPR. There 

must also be one instructor for every 10 

students during the practical exercise portion 

and proficiency testing in administering CPR. 

(4) In the event that an institution or agency does not 

own a facility as required in this Section, written 

agreements with other entities must be made to 

assure use of and timely access to such facilities. A 

copy of such agreement must accompany the 



originating institution or agency "Pre-Delivery 
Report" (Form F7-A) when submitted to the 
Division. 

Authority G.S. I7E-4. 

SECTION .0900 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER INSTRUCTORS 

.0908 LIMITED LECTURER CERTIFICATION 

(a) The Commission may issue a Limited Lecturer 
Certification to an applicant who has developed specific or 
special skills by virtue of specific or special training. Limited 
Lecturer Certification may be issued in the following topical 
areas: 

(1) First Aid and CPR; 

(2) Sp e cializ e d Subject Control Techniques; 

(3) Fire Emergencies in the Jail; 

(4) Medical Care in the Jail; 

(5) Physical Ass e ssm e nt — ef Fitness for Detention 
Officers; 

(6) Fingerprinting and Photographing Arrestees. 

(b) To be eligible for a Limited Lecturer Certificate for 
topic areas set forth in Rule .0908(a). the applicant must 
possess a current valid CPR certification and meet the 
qualifications as follows; 

(1) First Aid and CPR: Certified Standard First Aid 
Instructor with the American Red Cross or a 
licensed physician. Family Nurse Practitioner, 
Licensed Practical Nurse (LPN), Registered Nurse 
(RN). Physician's Assistant, or EMT; 

(2) Sp e cializ e d Subject Control Techniques: certified by 
N.C. Criminal Justice Education and Training 
Standards Commission as Defensive Tactics 
Instructor and compliance with Rule .0903(c) of this 
Section; 

(3) Fire Emergencies in the Jail: Certified Fire 
Instructor; 

(4) Medical Care in a Jail: A Licensed Physician, 
Family Nurse Practitioner, LPN, RN, or EMT, or 
Physician's Assistant; 

(5) Physical A sse s s m e nt — ef Fitness for Detention 
Officer: certified as a Physical Fitness Instructor by 
the North Carolina Criminal Justice Education and 
Training Standards Commission; 

(6) Fingerprinting and Photographing Arrestees: 
certified as a General Instructor by the North 
Carolina Criminal Justice Education and Training 
Standards Commission. 

Author in- G.S. I7E-4. 

SECTION .1000 - PROFESSIONAL CERTIFICATE 
PROGRAM FOR SHERIFFS AND DEPUTY SHERIFFS 

.1002 GENERAL PROVISIONS 



1649 



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13:19 



PROPOSED RULES 



(a) In order to be eligible for one or more of the 
professional awards, a sheriff or deput>' sheriff shall first meet 
the following preliminary qualifications: 

( 1 ) Be an elected or appointed sheriff or be a deputy 
sheriff who holds valid General or Grandfather 
Certification. A deputy sheriff serving under a 
probationary certification is not eligible for 
consideration. Any justice officer subject to 
suspension or revocation proceedings by the 
Commission or the North Carolina Criminal Justice 
Education and Training Standards Commission shall 
not be eligible for professional awards for the 
pendency of the proceeding. 

(2) The sheriff or deputy sheriff shall be familiar with 
and subscribe to the Law Enforcement Code of 
Ethics as promulgated by the International 
Association of Chiefs of Police. 

(3) If the applicant is a deputy sheriff, the deputy shall 
be a full-time sworn m e mber law enforcement 
officer of a North Carolina Sheriffs Office, as 
certified in writing by the sheriff: or be a full-time 
e mploy ee law enforcement officer of an agency 
who must be sworn by the sheriff in order to 
perform his duties as certified in writing by the 
Sheriff. 

(4) Employees of a North Carolina Sheriffs Office who 
have previously held general or grandfather law 
enforcement officer certification but are presently, 
by virtue of promotion or transfer, serving in 
non-sworn positions not subject to certification are 
eligible to participate in the Professional Certificate 
Program. Eligibility for this exception requires 
continuous employment with the sheriffs office 
from the date of promotion or transfer from a sworn, 
certified position to the date of application for a 
professional certificate. 

{S) Only training or experience gained in an officer's 
area of expertise will be eligible for application to 
this program. 

(b) Certificates shall be awarded based upon a formula 
which combines formal education, law enforcement training, 
and actual experience as a law enforcement officer. These 
professional certificates are appropriate for sworn sheriffs and 
full-time deputy sheriffs. Points are computed in the following 
manner: 

( 1 ) Each semester hour of college credit shall equal one 
education point and each quarter hour shall equal 
two-thirds of an education point. No 
correspondence or vocational courses shall be 
credited towards education points unless an 
accredited institution credits the course(s) towards a 
degree; 

(2) Twenty classroom hours of commission-approved 
law enforcement training shall equal one training 
point; 

(3) Experience as a sworn law enforcement officer as 
defined in Rule .0103(16) .0103(17) of this 



Subchapter shall be acceptable for consideration; 
(4) Applicants holding degrees shall not be awarded 
additional points for those degrees and must instead 
meet the training point requirements of this Section 
through completion of law enforcement training. 

Authority' G.S. 17E-4. 

SECTION .1400 - PROFESSIONAL CERTIFICATE 
PROGRAM FOR RESERVE DEPUTY SHERIFFS 

.1401 PURPOSE 

In order to recognize reserve deputy sheriffs serving the 
sheriffs' offices of North Carolina, the North Carolina Sheriffs' 
Education and Training Standards Commission establishes the 
Reserve Deputy Sheriff Professional Certificate Program. 
This program js a method by which dedicated reserve deputy 
sheriffs may receive local, state-wide and nation-wide 
recognition for professional training and participation jn law 
enforcement functions. 

Authorif}' G.S. I7E. 

.1402 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the 
professional certificates, a reserve deputy sheriff shall first 
meet the following preliminary qualifications: 

( 1 ) Be an appointed reserve deputy sheriff who holds 
valid General or Grandfather Certification. A 
reserve deputy sheriff serving under a probationary 
certification is not eligible for consideration. 

(2) Be familiar with and subscribe to the Law 
Enforcement Code of Ethics as promulgated by the 
International Association of Chiefs of Police to 
include any subsequent editions or modifications 
thereto. A copy of the Code of Ethics may be 
obtained at no cost from the Sheriffs" Standards 
Division, North Carolina Department of Justice, 
Post Office Box 629^ Raleigh, North Carolina 
27602-0629. 

(3) The applicant shall be a sworn law enforcement 
officer of a North Carolina Sheriffs Office, as 
certified in writing by the sheriff; or be a sworn law 
enforcement officer of an a gency who must be 
appointed by the sheriff in order to perform his 
duties as certified in writing by the Sheriff 

(4) Only training and/or experience gained in an 
officer's area of expertise will be eligible for 
application to this program. All training must be 
completed during the time of service as a sworn law 
enforcement officer, with the exception of Basic 
Law Enforcement Training. 

(b) Certificates are awarded based upon a formula which 
combines law enforcement training and actual participation as 
a reserve deputy sheriff in law enforcement functions. Points 
are computed in the following manner: 

( 1) A minimum of 96 hours achieved over a one-year 



13: J 9 



NORTH CAROLINA REGISTER 



April !, 1999 



1650 



PROPOSED RULES 



period of participation in law enforcement functions. 
by having been called into reserve duty by the 
appointing sheriff, shall equal one year of reserve 
service; 

(2) Twenty hours of commission-approved law 
enforcement training shall equal one law 
enforcement training point; 

(3) Service as a reserve deputy sheriff shall be 
acceptable for consideration: or an officer who js 
otherwise ineligible to receive an equivalent 
certificate through the Professional Certificate 
Program for Sheriffs and Deputy Sheriffs as set out 
in 12 NCAC I OB .1000 may receive a certificate 
under this program, in which case one year of full- 
time service may be substituted for one year of 



Authohn'G.S. 17 E. 



.1403 



reserve service in computing eligibility under this 
section. 



BASIC RESERVE DEPUTY SHERIFF 
PROFESSIONAL CERTIFICATE 

In addition to the qualifications set forth in Rule .1402 of 
this Section, an applicant for the Basic Reserve Deputy Sheriff 
Certificate shall: 

(1) have no less than one year of reserve service; and 

(2) have successfully completed a 
commission-accredited basic law enforcement 
training course and any remedial training as required 
by the Commission for general certification; or 

(3) have completed a minimum of 160 hours of training 
in tlie field of law enforcement. 

AuthohnG.S. 17E. 



.1404 INTERMEDIATE RESERVE DEPUTY SHERIFF CERTIFICATE 

in addition to thie qualifications set forth in Rule .1402 of this Section, applicants for tlie Intermediate Reserve Deputy Sheriff 
Certificate shall possess or be eligible to possess the Basic Reserve Deputy Sheriff Certificate and shall have acquired the 
following combination of law enforcement training points and years of service as a reserve law enforcement officer: 



Years of Reserve Officer Law Enforcement Experience 



Minimum Reserve Officer Law Enforcement Training Points 



35 



Authority G.S. 17 E. 

.1405 ADVANCED RESERVE DEPUTY SHERIFF CERTIFICATE 

In addition to the qualifications set forth in Rule .1402 of this Section, applicants for the Advanced Deputy Sheriff Certificate 
shall possess or be eligible to possess the Intermediate Reserve Deputy Sheriff Certificate and shall have acquired the following 
combination of law enforcement training points and years of service as a reserve law enforcement officer: 



Years of Reserve Officer Law Enforcement Experience 


12 


Minimum Total of Reserve Officer Law Enforcement Training Points 


50 



Authority G.S. 1 7E. 



.1406 HOW TO APPLY 

(a) All applicants for an award of the basic, intermediate or 
advanced reserve officer certificates shall complete an 
"Application: Reserve Deputy Sheriff Professional 
Certificate/Service Recognition". (F-6R). 

(b) Documentation of training shall be provided by copies 
of training records signed by thie agency's training officer or 
department head, or by providing certificates of completion. 

(c) Verification of tlie applicant's length of service as a 
reserve deputy sheriff as required in 12 NCAC lOB 
. I402(b)(l ) shall be documented by providing certified letters, 
signed by tjie employing sheriff or his/her authorized designee. 

(d) The applicant shall submit the application to the agency 
head who shall attach his/her recommendation and forward the 
application to tlie Division. Certificates shall be issued to the 
agency head for award to the applicant. 



Authorin- G.S. 17E. 



TITLE 15A - DEPARTMENT OF 
ENVIRONMENT AND NATURAL RESOURCES 

Notice 75 hereby given in accordance with G.S. 150B-21.2 
that the Sedimentation Control Commission intends to 
amend the rule cited as I5A NCAC 4C . 0107. Notice of Rule- 
making Proceedings was published in the Register on 
December 15. 1998. 

Proposed Effective Date: .August I. 2000 

A Public Hearing will be conducted at 7:00 p.m. on April 20. 
1999 at 512 N. Salisbury Street. Raleigh. NC 27611. 



1651 



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April 1, 1999 



13:19 



PROPOSED RULES 



Reason for Proposed Action: The Sedimentation Control 
Commission proposes a change to 15.4 NC.4C 4C .01U~ that 
will enable a civil penalty assessment for the initial violation 
of beginning a land-disturbing activity prior to obtaining an 
approved erosion and sedimentation control plan. This 
proposal is part of a Plan of .Action adopted by the 
Commission to aid in strengthening compliance of the 
Sedimentation Pollution Control Act of 1973. 

Comment Procedures: Comments will be accepted through 
May 3. 1999. Mailed comments may be sent to F. A tell Nevils. 
DENR. Division of Land Resources. PO Box 27687. Raleigh. 
NC 27611. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does 
not hcjve a substantial economic impact of at least five million 
dollars (S 5. 000. 000) in a 12-month period. 



intends to adopt rules cited as 21 NC.4C 14J .0208: 14L 
.0303: NN .0601-.0602. .0701-.0702: NO. 0101. .OW: 14P 
.0101-.0I06: amend rules cited as 21 NCAC 14A .0101. 
.0103: 14C .0202: 14F .0101. .0105: 14G .0103: 141.0104. 
.0107'. .0109: 14J .0103. .0501: 14K .0102. .010": 14L .0101. 
.0216: 14N .0101-.0105. .0108. 0110. .0112 - .0113: and 
repeal rules cited as 21 NC.4C 144 .0105: 14L .0105. Notice 
of Rule-making Proceedings was published in the Register on 
December 17. 1998. 

Proposed Effective Date: August 1. 2000 

A Public Hearing will be conducted at 9:00 a.m. on .4pril 20, 
1 999 at the NC Slate Board of Cosmetic Art Examiners. 1201- 
110 Front St.. Raleigh. NC. 

Reason for Proposed Action: To update the curriculum, to 
establish civil penahies and a esthetician curriculum. 



CHAPTER 4 - SEDIMENTATION CONTROL 

SUBCHAPTER 4C - SEDIMENTATION 
CONTROL CIVIL PENALTIES 

.0107 PROCEDURES: NOTICES 

(a) The notice of violation shall describe the violation with 
reasonable particularity particularity, request that ah illegal 
activity cease and inform the violator that a civil penalty ma\ 
be assessed pursuant to G.S. 1 13A-64. If implementation of 
erosion control measures or restoration of damage js required 
the notice shall specify a time period for compliance and shall 
state that upon failure to comply within the allotted time the 
person shall become subject to the assessment of a daiK civil 
p e nalty, penalties from the initial notice of violation. If the 
violation is based on failure to submit an erosion control plan 
for approval, the notice shall state that continuation of land- 
disturbing activity prior to approval of a plan may lead to 
assessment of daily civil penalties from the date of the initial 
notice of violation. 

(b) The stop work order provided in G.S. 113A-65.1 shall 
serve as the notice of violation for purposes of the assessment 
of a civil penalty pursuant to G.S. ll3A-64(a)(l). Copies of 
the stop work order shall be served upon persons the 
Department has reason to believe ma> be responsible for the 
violation by any means authorized under G.S. 1 A- 1. Rule 4. 



A uthority 
143B-10. 



G.S 113.4-54: 113.4-61.1: 113.4-64: 113.4-65.1: 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 



N 



Comment Procedures: Written comments concerning this 
rule-making action must he submitted by 5:00 p.m. on May 
3.1999 to Dee Williams. Rule Making Coordinator. NC State 
Board of Cosmetic Ar: Examiners. 1201-110 Front St.. 
Raleigh. NC 27609. 

Fiscal Note: These Rul,'s -21 NC.4C I4P. 0102 - .0116 affect 
the expenditures or revenues of local government funds. These 
Rules do not ha\-e a substantial economic impact of at least 
five million dollars (S5. 000. 000) in a 1 2-month period. 

Fiscal Note: These Rules - 21 NC.4C 14A .0101 - 21 NC.4C 
140 .010' do not affect the expenditures or revenues of state 
or local government funds. These Rules do not hcn-e a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 1 2-month period 

SUBCHAPTER 14A - DEPARTMENTAL RULES 

SECTION .0100 - ORGANIZATIONAL RULES 

.0101 DEFINITIONS 

The following definitions apply in this Chapter: 
(1) "Beauty Establishment" refers to both cosmetic art 
schools and cosmetic art shops. 

(3^ ^^ oard" refers to th e North Carolina State Board of 

Cosm e tic Art Examin e rs. 

(4^ "Cosm e tic Art School" r e f e rs to any plac e wher e 

cosm e tic art. a s d e fin e d by G.S. 88 B 2. or m e thods 
of t e aching co s m e tic art ar e taught for purposes of 
Board r e gardl es s of th e titl e of th e 



(^ 




r program. 



otice is hereby given in accordance with G.S. 150B-21.2 
that the NC State Board of Cosmetic Art Examiners 



Shop" r e f e rs to any building, or part 



th e r e of, wh e rein co s m e tic art. as d e fin e d by G.S. 
88B 2, is practic e d, oth e r than a cosm e tic art school. 
(^£2} "Cosmetology School" is any cosmetic art school 
which teaches cosmetology cosmetic art as defined 
by G.S. 88B-2. but is not a manicurist school. 



13:19 



NORTH CAROLINA REGISTER 



April 7, 1999 



1652 



PROPOSED RULES 



(4^ "Cosm e tology Student" is a stud e nt in any cosm e tic 

art s chool — with the e xc e ption of a manicurist 

s tud e nt. 

"Cosm e tology — Teach e r — is — any — t e ach e r — whe — is 






lic e ns e d by th e Board to t e ach th e cosm e tic art s . 
"Manicuring" is that s e t of cosm e tic art s r e lat e d to 



th e nails, hands, arm s and f ee t. It includ e s traditional 

manicuring, p e dicuring, arm and hand massag e s, and 

all typ e s of artificial nail s . 
-(#)£3j "Manicurist School" is a cosmetic art school which 

teaches only the cosmetic arts of manicuring. 
f4^4) "Manicurist Student" is a student in any cosmetic art 

school whose study is limited to the manicurist 

curriculum set forth in 21 NCAC 14K .0102. 
fl-H "Manicuri s t T e ach e r" i s a t e acher who is lic e ns e d by 

the Board to t e ach only th e manicuring curriculum. 
<43-) "Booth" IS a work staiion within a co s m e tic art shop 

which is used primcilv by on e cosm e tologi s t or 

manicuri s t in p e rforming cosm e tic art s e rvic e s for 

th e ir cli e nt e l e . 
f44)(5} "Successfully Completion" is the completion of an 

approved cosmetic art curriculum with a minimum 

grade "C" or 70%. whichever js deemed as passing 

by the cosemtic arts of skin care. 
f444(6) "Esthetician School" is any cosmetic art school 

which teaches onl\ the cosmetic arts of skin care. 
(4#4(7) "Esthetician Student" is a student jn am\ cosmetic 

art school whose study is limited to the esthetician 

curriculum set forth in 21 h.CAC 140 .0102. 
{Wi (SJ "Esthetician Teacher" is a tei.cher who js licensed by 

the Board to teach only the esthetician curriculum. 



Authority G.S. 88B-2. 

.0103 OFFICE HOURS 

The office hours for the board are ^hiQ 8:00 a.m. to 5:00 
p.m., Monday through Friday. The office is closed on 
recognized state holidays. 

Authorities. 88B-4. 



{4^ — to r e n e w th e c e rtificat e s of e v e ry qualifi e d r e gistered 

appr e ntic e , manicurist or e sth e tician annually; 
iS) — to r e n e w th e c e rtificat es of e v e ry qualifi e d r e gist e r e d 

cosm e tologist e v e ry thr ee y e ars; 
f?^ to k ee p r e cords of all proc ee ding s r e lating to th e 

r e gistration ef cosm e tologists. appr e ntic e s. 

manicurists. — es th e ticians. — co s m e tology — t e ach e r. 

manicurist t e ach e r, and e sth e tician t e ach e r; 
f8-) to d e t e rmin e if s alons m ee t qualifications to r e c e ive 



a c e rtificat e of r e gi s tration; 

to d e t e rmin e if b e auty salons m ee t qualifications to 



r e c e iv e a c e rtificat e of approval; 
-(40^ — to inspect b e auty salons and cosm e tology school s 

periodically; and 

-f+-H 1© — he\4 — annual — s e minar s fef — appr e ntic e s. 

manicurists. 



es th e tician s . 



co s m e tologi s ts. 

cosm e tology — t e ach e rs. — manicurist s — t e ach e rs — and 

e sthetician t e ach e r s instruct thes e lic e ns ee s in new 

t e chniqu e s and n e w information on the chemistry ol 

co s m e tics. 



Authoriti- G.S. 88B-2: 888-13: 



-20: 88B-21. 



SUBCHAPTER 14C - CONTESTED CASES 
SECTION .0200 - REQUEST FOR A HEARING 

.0202 PREREQUISITES 

Before a hearing request is made, reasonable efforts to 
resolve the problem with the Board informally are encouraged. 
This ma\ be done by contacting the Chairman of the North 
Carolina State Board of Cosmetic Art Examiners, Grov e 
Tow e r s . Fifth Floor, 1110 Navaho Dr.. 1201-110 Front St.. 
Raleigh. North Carolina 27609. 

Authority- G.S 88B-4: 150B-2: 150B-38(h). 

SUBCHAPTER 14F - RULES AND REGULATIONS 

GOVERNING THE LICENSING OF 

BEAUTY SALONS 



.0105 PURPOSE AND RESPONSIBILITY 

Th e purpo se and r es ponsibiliti e s of th e board ar e as follows: 
f-H — to e xamine individuals to d e t e rmin e if th e y m ee t th e 
qualifications nec e ssary to r e c e iv e u c e rtificat e of 
r e gi s tration a s an appr e ntic e , a co s m e tologi s t, an 
e sth e tician. a manicurist, a cosm e to i og> t e ach e r, 
manicurist t e acher, or an e sthetician t e acher; 
{¥) to grant c e rtificat e s by r e ciprocity to qualifi e d 



co s m e tologist s 



appr e ntic es . 



manicurists. 



e sth e ticians. and t e ach e rs from oth e r stales; 

(5^ — to r e gulat e th e practic e of cosm e tology; 

(4-) to coll e ct the statutory fees required for qualification 

as an appr e ntic e , a cosm e tologist, a manicurist, an 
es th e tician, a cosm e tology t e ach e r, a njanicuri s t 
t e ach e r, or an e sth e tician t e ach e r, and to Ci ' ll e ct th e 
s tatutory f ee s r e quir e d to r e gist e r a b e auty sulon; 



SECTION .0100 - GENERAL 

.0101 APPLICATION FOR SALON LICENSE 

Persons desiring to continue to operate or open a beauty 
salon, or to reopen a salon which has been closed more than 90 
days in the State of North Carolina shall make application to 
the North Carolina State Board of Cosmetic Art Examiners on 
an application form COS 13 to be furnished by the Board. 

Authority- G.S. 88B-4. 

.0105 NEWLY ESTABLISHED RESIDENTIAL 
SALONS 

(a) Shall be separate and apart from any building or room 
used for an\ other business or purpose, separated b\ a solid 
wall of at least seven feet in h e ight, height and must have a 
separate outside entrance. 



1653 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



PROPOSED RULES 



(b) A newly established beauty salon, shall be separate and 
apart from any building or room used for living, dining or 
sleeping and shall be separate and apart from any other room 
used for any other purpose by a solid wall of ceiling height, 
making separate and apart rooms used for beauty salon. All 
entrances to the salon shall be through solid, full length doors 
installed in solid walls of ceiling height. 

Author in- G.S. 88B-4. 

SUBCHAPTER 14G - REQUIREMENTS FOR THE 
ESTABLISHMENT OF COSMETIC ART SCHOOLS 

SECTION .0100 - PERMANENT FILES 

.0103 SPACE REQUIREMENTS 

(a) The Cosmetic Art Board wi4l shall issue letters of 
approval only to cosmetology schools that have at least 2800 
square feet of inside floor space for 20 stations or 4200 square 
feet of inside floor space for 30 stations located within the 
same building. An additional 140 square feet of floor space 
w+H shall be required for each station above 20 stations, up to 
and including a total of 30 stations. Thereafter, an additional 
40 square feet wtH shall be required for each station in excess 
of 30 stations. For purpose of this Rule, the day and night 
classes shall be counted as separate enrollments. A s an 
e xc e ption, a A school may have a recitation room located in an 
adjacent building or another building within 500 feet of the 
main cosmetology building. 

(b) In addition e ach Each cosmetology school must have no 
less than 20 hairdressing stations, arranged to accommodate 
not less than 20 students and arranged so that the course of 
study and training cosmetology, as prescribed by th e Board, 21 
NCAC 14J .0306, may be given. All stations must be 
numbered numerically. 

(c) Cosmetology schools must alse have a beginner 
department containing sufficient space to comfortably 
accommodate at least ten students and having at least 40 
inches between mannequins. 

(d) The Board wtM shall issue a letter of approval only to 
manicurist schools that have at least 1,000 square feet of inside 
floor space located within the same building. 

(e) Manicurist schools with 1,000 square feet of inside floor 
space shall enroll no more than 20 students at one time, and for 
each student enrolled in addition to 20 students, 50 square feet 
of inside floor space must be provided. 

(0 In addition, manicuri s t Manicurist schools must have 10 
manicurist tables and chairs a minimum of two feet apart, side 
to side, arranged to comfortably accommodate ten students. 

(g) The Board wi4l shall issue a letter of approval only to 
esthetician schools that have at least 1,500 square feet of 
inside floor space located within the same building. 

(h) Esthetician schools with 1,500 square feet of inside 
floor space shall enroll no more than 20 students at one time, 
and for each student enrolled in addition to 20 students, 50 
square feet of inside floor space must be provided. 



Authorin- G.S. 88B-4. 

SUBCHAPTER 141 - OPERATIONS OF SCHOOLS OF 
COSMETIC ART 

SECTION .0100 - RECORD KEEPING 

.0104 WITHDRAWALS 

(a) When a student who is enrolled in a cosmetic art school 
withdraws from such school, whether by reason of transfer to 
another school, dismissal, suspension, voluntar>' disenrollment, 
or for any r e a s on oth e r than graduation, a report thereof shall 
be forwarded to the Board within 30 working days of 
withdrawal. 

(b) Such report shall contain the following: 

( 1 ) name of the student, 

(2) Social Security number, 

(3) the last date of attendance, 

(4) the reason for withdrawal (if known), 

(5 ) the hours completed at the time of withdrawal, and 

(6) copy of all live mod e l model/mannequin 
performances completed at the time of withdrawal. 

Author It}' G.S. 88B-4. 

.0107 REPORT OF ENROLLMENT 

(a) A cosmetic art school shall report cosmetology 
enrollments to the Board not later than 30 working days after a 
student enrolls in school. A cosmetic art school shall report 
manicurist and esthetician enrollments to the Board not later 
than 15 working days after a student enrolls in school. If a 
student's enrollment is not reported within 30 working days 
for cosmetology and 15 working days for manicurist and 
estheticians, the cosmetic art school shall file a cop> of the 
student's daily time records when it reports the student's 
enrollment. 

(b) A student whose enrollment has not been prop e rly 
reported to the Board by the school will not be accepted for 
either the cosmetology, manicurist or esthetician examination 
or th e manicuri s t and no hours wtH shall be credited. 

fe^ — Th e North Carolina Stat e Board of Cosm e tic Art 
Examin e r s ' Stat e m e nt of Purpos e for Co s m e tic Art Education 
s hall b e giv e n to e ach stud e nt at th e tim e of e nrollm e nt. An 
acknowl e dgm e nt of rec e ipt of this s ha l l b e s ign e d by th e 
student and k e pt by th e cosm e tic art s chool with th e p e rman e nt 
r e cord s of th e stud e nt. 

Author it}' G.S. 88B-4. 

.0109 SUMMARY OF COSMETIC ART 
EDUCATION 

(a) The manager of each cosmetic art school must compile, 
from the school's records, a summarv of hours, live mod e l 
model/mannequin performance completions, date of 
enrollment, and last date of attendance. The examination 
application must be presented to the student upon graduation 
or within 30 days after the student's graduation date. 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1654 



PROPOSED RULES 



(b) This examination application must be signed by the 
owner/director, a teacher, and the student and must have the 
seal of the school affixed. 

(c) The examination application must be prepared on a form 
furnished by the Board. Th e co s m e tic art school shall mail a 
copy — wrth — the — school — seal — affix e d — of the — e xamination 
application to th e Board at th e Board's address. 

Authority G.S. 88B-4. 

SUBCHAPTER 14J - COSMETOLOGY CURRICULUM 

SECTION .0100 - BEGINNERS' DEPARTMENT 

.0103 TIME REQUIREMENTS ACCORDING TO 
HOURS 

(a) The maximum time a student ean may earn in a 
cosmetology school in any one day is eight clock hours. The 
maximum time a student ean may earn in a cosmetology school 
in any one week is 40 clock hours. 

(b) Hours earned on one day can not shall not be credited to 
another day. 

(c) Each student must complete 1200 hours in a 
cosmetology school before applying to the Board for the 
cosmetologist's examination, except those students enrolled 
for the manicurist or esthetician course only. 

(d) Each student must spend 300 hours in the beginner 
department before entering the advanced department and may 
not work on members of the public during this 300 hours 
except shampoo and scalp manipulations. 

(e) Hours earned in the beginner department must be 
devoted to scientific study and mannequin practice. 

(f) Manicuring practice in the beginner department must be 
done during the first 300 hours of instruction and shall be done 
on the students enrolled in the cosmetology school. 

Authority G.S. 88B-4. 

SECTION .0200 - ADVANCED DEPARTMENT 

.0208 INTERNSHIPS 

Schools and selected salons desiring to implement an 
internship program will follow these requirements: 

(1) Schools wishing to participate in an internship 
program must request program approval from the 
Board before credit for an internship can be granted. 
Salon and student selection criteria must be 



ai 



t4J 



submitted along with the approval request. 
Schools will report to the Board aU 



salons 



contracted and students selected to participate in the 
program. Internships may be arranged m various 
time frames but will never exceed 1 0% of a 
student's training period. 

Credit for an internship will be granted upon 
submission of student hours verification based on a 
daily attendance record. Hours must be recorded on 
a form approved bv the school. 



(5) Students may be assigned a variety of duties, but 
client services are restricted. Cosmetology students 
may only provide shampoo services. Esthetician and 
manicuring students are not allowed to perform any 
direct client services. Salon violation of restrictions 
or school requirements may result in the termination 
of the internship contract and the possible loss of 
student training hours. 

(6) Students must follow a]J salon employee rules and 
regulations. Violation s of salon rules or any 
misconduct may result in dismissal of the intern 
and/or loss of training hours. 

(7) A licensed teacher need not be in attendance during 
this internship. 

Authority G.S. 88B-4. 

SECTION .0500 - CREDIT FOR COSMETOLOGY 
STUDY OUTSIDE OF NORTH CAROLINA 

.0501 APPROVAL OF CREDIT FOR 

COSMETOLOGY INSTRUCTION/ 
ANOTHER STATE 

(a) An applicant may receive credit for instruction taken in 
another state if the conditions set forth in this Rule are met. 

(b) The applicant's record shall be certified by the state 
agency or department that issues licenses to practice in the 
cosmetic arts. If the agency or department does not maintain 
any student records or if the state does not give license to 
practice in the cosmetic arts, then the records may be certified 
by any state department or state agency that does maintain 
such records and is willing to certiiy their accuracy. If no state 
department or board will certify the accuracy of the student's 
records, then this Board shall review the student's records on a 
case-by-case basis. 

(c) If the requirements of Paragraph (b) of this Rule are 
met, then the Board shall give credit for hours of course work 
and for mannequin and live model performances to the extent 
certified, up to the amount of credit that the student would 
receive for instruction in a school licensed by the Board. If the 
certification includes only total hours and does not specify 
what performances have been completed, this Board will not 
give any credit for performances completed as part of the 
out-of-state instruction. 

(d) if an out of state applicant holds a current license in the 
state that they are coming from, upon receiving certification 
from that state board, a license will be issued to the applicant 
without examination. 

Authority- G.S. 88B-12: 88B-13. 

SUBCHAPTER 14K - MANICURIST CURRICULUM 

SECTION .0100 - GENERAL 

.0102 COURSE OF STUDY 



7655 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



(a) Pursuant to G.S. 88 10. an applicant for r e gi s tration as a 
manicurist must have compl e t e d 300 hour s in class es in a 
co s m e tic art school approv e d by the Board. 

f^a) The 440 300 hours in classes required for licensure 
as a manicurist must include at least 44© 260 hours of 
"classroom work" as described in Paragraph (c) and at least 40 
hours of supervised "live model performances" as set forth in 
21 NCAC I4K .0007(a). .0107(a). 

fe-Kb) The following amount of classroom work is required 
by the Board before taking the manicurist examination: 

(1) 44 30 hours in manicuring, including trimming, 
filing, shaping, decorating, and arm and hand 
massage; 

(2) 70 140 hours in sculptured and other artificial nails; 

(3) § 10 hours in pedicuring; 

(4) 4-0 20 hours in theory and salesmanship as it relates 
to manicuring; 

(5) 44 30 hours in the procedures and methods of 
sanitation, including the study of the Federal 
Environmental Protection Agency's disinfectant 
guidelines and the recommendations on the Material 
Safety Data Sheets prepared by the manufactures on 
all products used by the school's students in the live 
model performance set forth in 21 NCAC I4K 
.0107(a); 

(6) 44 30 hours in the study of bacteriology including 
communicable diseases and the requirements of The 
Pure Food and Drug Law for creams and lotions. 

fd)(c) Classroom work includ e s shall include lectures on 
the subject as well as demonstrations, questions and answers 
on textbooks, written examinations, and in-class practice of 
procedures and methods but not live model performances as 
described by 21 NCAC I4K .0007(b). .0107(b). 

Authority G.S. 88B-4: 88B-10. 

.0107 LIVE MODEL PERFORMANCES 

(a) In completing the 30 40 hours of live model 
performances required by 21 NCAC 14K .0002(b) .0102(b) , 
all manicurist students shall complete the following minimum 
number of live model performances during the manicurist 
course under the supervision of a registered cosmetic art 
teacher before taking the manicurist examination: 

(1) W 15 manicures, including trimming, filing, and 
shaping; decorating; and arm and hand massage; 

(2) 3# 100 applications or repair of sculptured or other 
artificial nails; and 

(3) 3 4 pedicures. 

(b) No manicurist student may perform any live model 
performances until he or she has completed 16 hours of 
classroom work, as defined in 21 NCAC I4K .0002(d). 
.0102(d). including at least four hours of bacteriology and four 
hours of the procedures and methods of sanitation. 

(c) Live model performances are the rendering of the 
required service on a live person other than himself or herself 
They do not include performing the service on a mannequin. 



.Authority G.S. 88B-4: H8B-10. 

SUBCHAPTER I4L - COSMETIC ART TEACHERS 

SECTION .0100 - TEACHER QUALIFICATIONS 
AND EXAMINATIONS 

.0101 QUALIFICATIONS - COSMETOLOGIST 
TEACHERS 

fa) To be a cosmetology teacher, an applicant must: 
f34( 1) have a high school diploma or a high school 
graduation equivalency certificate and a current 
North Carolina cosmetology license; 
(4-)(2) have either: 

fB4(a) practiced cosmetology in a cosmetic art shop 
for a period equivalent to five years of 
full-time work; or 
fE4(b) completed an 800-hour teacher training 
course in cosmetology set forth in 2 1 NCAC 
14L .0216(a) in an approved cosmetic art 
school: and 
(3) pass the cosmetology teacher's examination. 

fb) This Rul e appli e s to applicant s who submit an 

application to b e a cosm e tology t e ach e r on or aft e r Augu s t I, 
1089, e xc e pt thos e who w e r e e nroll e d in a t e ach e r training 
cours e on that dat e . — Th e rul e s in e ff e ct until August 1. 1989 
apply to applicants who w e r e e nroll e d in a t e ach e r training 
cours e on that dat e . 

Authority G.S 88-23. 



.0105 QUALIFICATIONS - MANICURIST 

TEACHERS 

(a) To b e a manicurist t e ach e r, an applicant must: 
f4-) hav e a high school diploma or a high school 



graduation e quival e ncy c e rtificat e ; 
(3) — b e a r e gist e r e d manicurist or cosm e tologist 



-tW 



Stat e ; 

(4) hav e e ith e r: 

fA) — practiced manicuring in a co s m e tic art s hop 
for a p e riod e quival e nt to two y e ars of full 
time work; or 



(-&) — complet e d a 320 hour t e ach e r a s training 

cours e — ifi — manicuring 'm — art — approv e d 

cosmetic art school; and 
fG) — pa ss th e manicuri s t t e ach e r's e xamination. 
Applicants who ar e r e gist e red manicurists in good s tanding in 
thi s Stat e and who w e r e r e gularly e mploy e d in a school in thi s 
Stat e as a t e ach e r of manicuring b e for e January 1. 1991. may 
substitut e th e e quival e nt of thr ee y e ar s of full tim e t e aching in 
li e u of th e r e quir e ments of Paragraph (a)(3) of this Rul e if th e y 
apply for a lic e ns e as a manicurist t e ach e r on or b e for e Januan. 
1. 1993. 



Authority- G.S 88B-4: 88B-I1. 



13:19 



NORTH CAROLINA REGISTER 



April I, 1999 



1656 



PROPOSED RULES 



SECTION .0200 - TEACHER PROGRAM AND 
CURRICULUM 

.0216 TEACHER TRAINING CURRICULUM 

(a) To meet the approval of the Board, a cosmetologist 
teacher training course must consist of at least 800 hours of 
instruction in theory and practical application, divided as 
follows: 

( 1 ) One hundred fifty hours of instruction on methods 
of teaching and the laws governing cosmetology, to 
include the following topics: 

(A) instruction in teaching techniques; 

(B) instruction in preparing lesson plans; 

(C) instruction in preparing class lectures and 
presentations; 

(D) instruction in preparing examinations; and 

(E) G.S. 88B and the Rules of the Board. 

(2) Six hundred fifty hours of practice teaching, to 
include the following: 

(A) conducting theory classes from prepared 
lesson plans; 

(B) preparing and giving examinations; and 

(C) giving practical demonstrations. 

(b) To meet the approval of the Board, a manicurist teacher 
training course must consist of at least 320 hours of instruction 
in theory and practical application, divided as follows: 

(1) One hundred and fifteen hours of instruction on 
methods of teaching and the laws governing 
manicuring, to include the following topics: 

(A) instruction in teaching techniques: 

(B) instruction in preparing lesson plans; 

(C) instruction in preparing class lectures and 
presentations; 

(D) instruction in preparing examinations; 

(E) instruction in chemical usage; and 

(F) G.S. 88B and the Rules of the Board. 

(2) Two hundred and five hours of practice teaching, to 
include the following; 

(A) conducting theory classes fi^om prepared 
lesson plans; 

(B) preparing and giving examinations; and 

(C) giving practical demonstrations. 

(c) To meet the approval of the Board, a esthetician teacher 
training course must consist of at least 650 hours of instruction 
in theory and practical application, divided as follows: 

(1) One hundred and twenty hours of instruction on 
methods of teaching and the laws governing skin 
care to include the following topics: 

(A) instruction in teaching techniques; 

(B) instruction in preparing lesson plans; 

(C) instruction in preparing class lectures and 
presentations; 

(D) instruction in preparing examinations; 

(E) instruction in chemical usage; and 

(F) G.S. 88B and the rules of the Board. 

(2) Five hundred and thirty hours of practice teaching, 
to include the following: 



(A) conducting theor>' classes from prepared 
lesson plans; 

(B) preparing and giving examinations; and 

(C) giving practical demonstration. 

Authority G.S. 88B-4; 888-11. 

SECTION .0300 - TEACHERS LICENSED IN 
OTHER STATES 

.0303 APPLICANTS LICENSED AS TEACHERS 
IN ANOTHER STATE 

In order to receive a North Carolina teacher's license, a 
licensee must hold a current license jn the state that thev are 
coming from. 

Authority G.S. 88B-4. 

SUBCHAPTER 14N - EXAMINATIONS 

SECTION .0100 - GENERAL PROVISIONS 

.0101 TIME AND PLACE OF EXAMINATIONS 

{it) — Th e Board shall hold e xaminations in its offic e s in 
Raleigh. 

(a) {b) — In addition to th e e xamination s h e ld in Ral e igh 
pursuant to Paragraph (a) of thi s Rul e , th e The Board shall 
conduct other examinations throughout the year at no less than 
three locations other than Raleigh. 

(b) fe) The Board shall announce the time and place for 
holding each examination at least ten work days prior to the 
date thereof 



Authority G.S 88B-4: 
20(a). 



7(1): 88B-8(1): 88B-18: 88B- 



.0102 INITIAL APPLICATIONS AND FEES 

(a) All applications for examination must be on a form 
provided by the Board. 

(b) If special arrangements are required, the initial 
application te — take — an — e xamination or request for re- 
examination must include, an application for special 
arrangements pursuant to 2 1 NCAC I4N .0107. 

(c) The application must be filed with the Board and 
accompanied b> the applicable examination fee. If the 
application is not signed or is inadequately completed, or the 
proper supporting documentation is not enclosed, or the 
applicable fee is not paid, the application shall be deemed 
incomplete and returned. 

(d) If the examination fee is paid by check or money order, 
the check or mone\ order shall be made pavable to the "Board 
of Cosmetic Art Examiners". 

(e) If at all possible, the Board shall schedule candidates 
whose properly completed applications are received by the 
10th of one month to take the examination during the 
following month. The Board shall assign the candidate to the 
location nearest to the candidate that is available for that 
month. 



- 



1657 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



PROPOSED RULES 



Authority' 
20(a). 



G.S. 88B-4: 



'-7(1): 88B-8(1): 



18: 88B- 



.0103 GENERAL EXAMINATION INSTRUCTIONS 

(a) All candidates scheduled for an examination are 
required to shall bring: 

( 1 ) their social security numb e r, card. 

a form of identification with a current picture, 

a kit containing all supplies necessary to perform all 

services required by the examination. 

(4) a No. 2 pencil, and 

(5) th e e xamination notification, admission letter. 



(2) 
(3) 



(b) Candidates for the cosmetologist examination shall 
bring e ith e r a live model or a mannequin that conforms with 
applicable requirements set forth in 21 NCAC 14N.0104 and 
.0105. 

(c) Candidates for the cosmetologist, manicurist and 
esthetician teacher examination shall bring e ith e r four l iv e 
mod e ls or four mann e quin s that conform with th e applicabl e 
requir e m e nt s s e t forth in 21 NCAC 1 4 N .010 4 and .0105; 

how e v e r, e ach candidat e mu s t provid e a liv e mod e l for th e Authority G.S. 88B-4: 88B-11. 

manicuri s t portion of th e e xamination. Th ese liv e mod e ls or 

mann e quins s hall b e s uitabl e for d e mon s trating th e ful l rang e 

of s e rvic e s r e quir e d by th e cosm e tology curriculum, whatever 

supplies are suitable for presenting the theory lecture of their 

pre-assigned lecture topic and demonstrating the pre-assigned 

practical demonstration topic. 

{4) — Candidat es for th e manicurist or manicurist t e acher 
e xamination shall bring a liv e mod e l. 

(e) IdJ Candidates for the esthetician and esthetician 
teachers examination shall bring a live model. 

{f) (ej Candidates wtti shall not be accepted after roll call. 

^ tf) No candidat e s will candidate shall be allowed to 
bring book, calculators, papers, or reference materials of any 
kind into the testing room, except as provided in Paragraph (c) 
Paragraph (g) of this Rule. 

fM (gj Cosmetology teacher manicurist teacher and 
esthetician teacher candidates may use visual aids, prepared in 
advance, during the practical examination. During the lesson 
planning part of the examination, only a text book brought b> 
that candidate may be used. 

Authority- G.S. 88B-4: 88B-7: 88B-9: 88B-10: 88B-11. 

.0104 LIVE MODEL REQUIREMENTS 

(a) If, a cosmetologv teacher candidate has chosen to bring 
a live model for the examination; the model must: 



(b) A model brought by a candidate for the manicurist or 
manicurist teacher examination, pursuant to 21 NCAC 14N 
.0103(d) shall: 

UD be 18 years old, 

(2) submit to all cosmetic art services required by 
examination. 

(c) A model brought by a candidate for the esthetician or 
esthetician teachers examination pursuant to 2\_ NCAC 14N 
.0103(e) shall: 

LU be 1 8 years old. 

(2) submit to all operations of esthetics. 

(d) fe) Cosmetic art school or shop owners, registered 
cosmetologists or apprentice cosmetologists, manicurists, 
estheticians, cosmetology, manicurist, or esthetician teachers, 
salon operators, and present or former cosmetology or 
manicurist students e xc e pt as provided in Rul e .0105 c) of this 
S e ction, may not sit as models. 

(ej (4) No model may sit for more than one candidate at 
one exam. 



(1) 
(2) 

(3) 



be at least 1 8 years old; 

submit to all cosmetic art services required by the 

examination; and 

agree to a haircut of at least one to one and one-half 

inches during the examination. Hair must be of 

sufficient length to perform requirements after 

cutting. Prior to the examination, the model's hair 

must have already been shampooed, set and dried. 



.0105 MANNEQUIN REQUIREMENTS 

{dr) If, pursuant to 21 NCAC 14N .0103(b) and (c), a 
candidate has chosen to bring a mannequin for the 
examination, the mannequin's hair shall be of sufficient length 
for the candidate to perform at least a one to one and one-half 
inch haircut. Hair shall be of sufficient length to perform 
requirements after cutting. The candidate shall bring a holder 
for the mannequin. 

fb) — Prior to th e e xam i nation, th e mann e quin's hair shall 
hav e alr e ady b ee n shampoo e d, se t and dri e d. 

Authority G.S. 88B-4: 88B-11. 

.0108 FAILURE TO APPEAR FOR EXAMINATION 

fa) If a candidate fails to appear for the scheduled 
examination, the examination fee shall not be refunded. 

fb) Notwithstanding Paragraph (a) of this Rul e , th e 

e xamination f ee may b e r e fund e d to a candidat e who has fail e d 
to app e ar for th e e xamination if v e rification of good cau se for 
failing to app e ar i s ma i l e d to th e Board within 15 days of th e 
e xaminat i on dat e . 

(c) D e t e rmination of "good caus e " und e r thi s Rul e is within 
th e Board' s di s cr e tion. 

(d) "Good cau se " includ es e v e nts b e yond th e control of th e 
candidat e that prohibit e d him or h e r from att e nding th e 
e xamination. — Exampl es of good caus e ar e se riou s p e r s onal 
illn e s s or accid e nt, and d e ath or s e rious — illn es s — in th e 
imm e diat e family. 

fe) — Acc e ptabl e v e rification of good cau se is any writt e n 
communication from a p e rson not r e lat e d to th e candidat e that 
would t e nd to support th e candidat e 's stat e d r e ason for failing 
to att e nd th e e xamination. — Som e e xamples of acceptable 
v e rifications would includ e a s tat e ment from an att e nding 
phy s ician, an official accid e nt r e port or an obituary' notic e . 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1658 



PROPOSED RULES 



Authority G.S. 88B-4: 8HB-18: 88B-20(a). 

.0110 PASSING GRADES FOR EXAMINATION 

Candidates wiH shall make the following grades on both the 
practical and theon, sections of the examination: 

(1) For licensure as a registered cosmetologist, 75 
percent; 

(2) For licensure as an apprentice cosmetologist, 70 
percent; 

(3) for licensure as a cosmetology teacher , 85 percent; 

(4) For licensure as a manicurist teacher, 85 percent; 

(5) For licensure as a manicurist, 75 p e rc e nt. 75 percent; 

(6) For licensure as a registered esthetician, 75 percent; 
and 

(7) For licensure as a esthetician teacher, 85 percent. 



Authority G.S. 88B-4: 88B-7(2): 88B-8(2): 88B-9(2): 
10(2); 88B- II (h)(3): 888-11 (c)(3): 88B-1 1(d)(3). 



88B- 



.0112 REVIEW OF EXAMINATION 

(a) A candidate who has failed the practical section of an 
examination may upon written request receive a breakdown of 
the practical examination grades. However, a candidate may 
not r e vi e w receive a breakdown the theory section of an 
examination. 

(b) A candidate who has passed both sections of an 
examination at any level may not r e vi e w — his — of — her 
e xamination pap e rs, receive a breakdown of their examination 
grades. 

fe-) — In ord e r to r e vi e w th e practical se ction grading she e ts 
for hi s or h e r e xamination, a candidat e shall fil e a writt e n 
r e qu e st with th e Board not more than 30 days aft e r th e dat e th e 
practical grad e br e akdown was — mail e d. — If th e r e qu es t i s 
r e c e iv e d by th e 10th of th e month, th e r e v ie w will b e th e n e xt 
month. Onc e a r e qu es t is s e nt to the Board offic e , th e Board 
will notify' th e candidat e of an appointm e nt tim e and dat e . Th e 
candidat e shall confirm th e tim e and dat e at l e a s t s e v e n days 
b e for e appointm e nt tim e or time may b e canc e l e d. 

{4) — Th e r e vi e w authoriz e d by Paragraph (c) of this Rul e 
shall b e und e r th e sup e rvision of an authoriz e d r e pr ese ntativ e 
of th e Board. — No p e rson shall copy a qu e stion or answ e r 
contain e d in th e e xamination r e port or alter an examination 
pap e r in any way. 



te shall complete an additional 200 hours of study at an 
approved cosmetic art school before another application for re- 
examination may be accepted by the Board. 

(d) Any candidate for the cosmetology teacher examination, 
manicurist teacher examination, or esthetician teacher 
examination, who fails the examination twice, may r e qu e st an 
examination r e vi e w. Th e candidat e must complete no less than 
200 hours of study at an approved cosmetic art school in a 
teacher training course designed to address the candidate's 
deficiencies before taking th e e xamination again, another 
application for re-examination shall be accepted by the Board. 

(e) Upon written request by any candidate, the Board shall 
release a summary of the results of each category of the 
practical section of the most recent examination to the school 
in which the candidate is enrolled for the additional study, 
pursuant to G.S. 88 B 16(1) 88B-18. or Paragraph (d) of this 

(0 The school in which the student has enrolled pursuant to 
G.S. 88B 16(^1) 88B-18(d) shall design a course of study for 
that student in order to correct the student's deficiencies. The 
cours e of s tudy must be submitt e d to th e Board for approval. 

(g) A candidate for licensure as an apprentice cosmetologist 
who 

( 1 ) passes the examination with a score of 75 percent or 
more on both sections; and 

(2) subsequently completes an additional 300 hours 
within one year of the examination date may be 
licensed as a cosmetologist under G.S. 88B-7 
without retaking the examination. 

.Authority G.S. 88B-4: 88B-18. 

SECTION .0600 - ESTHETICIAN EXAMINATION 

.0601 EXAMINATION THEORY SECTION 

(a) TTie th e ory written section of the esthetician examination 
shall include the national th e ory written examination for 
estheticians of the National Interstate Council of State Board 
of Cosmetology which covers all phases of esthetices. 

(b) The candidate shall have two hours to complete the 
theePr written section of the esthetician examination. 

Authoritx' G.S. 88B-4: 88B-18. 



Authority G.S. 88-10(2): 88-16: 88-23: 88-30(4): 93B-8. 

.0113 RE-EXAMINATION 

(a) If, upon application for re-examination, the applicant 
has taken and passed one section of an examination, he or she 
shall apply for re-examination only on the section of the 
examination which he or she did not pass. 

(b) Applicants for re-examination must apply for re- 
examination in writing and pay the appropriate examination 
fee. 

(c) Notwithstanding any other provision of these Rules, 
pursuant to G.S. 88 B 1 4 ( 4 ) 88B-18 . a cosmetology. 
manicurist, esthetician or apprentice candidate who has failed 
either section of the examination live three times, i s r e quir e d 



.0602 EXAMINATION PRACTICAL SECTION 

The practical section of the esthetics examination shall 
require the candidate to perform procedures which will test the 
basic knowledge and skills necessar»' to practice as an 
esthetician and shall be related to the curriculum required by 
the Board to be taught in an approved cosmetic art school to 
esthetician students. 

Authority G.S 88B-4: 88B-18. 

SECTION .0700 - ESTHETICIAN TEACHER 
EXAMINATION 



.0701 



EXAMINATION THEORY SECTION 



1659 



NORTH CAROLINA REGISTER 



April I, 1999 



13:19 



PROPOSED RULES 



(a) The th e ory' written section of the esthetician teacher 
examination shall include the national theor\' written 
examination for teachers of the National Interstate Council of 
State Boards of Cosmetolog\' which wiH shall include lesson 
plans, teaching techniques, teaching aids, testing, classroom 
management, and student motivation. 

(b) The candidate shall have two hours to complete the 
th e or\ written section of the examination. 

Authority- G.S. 88B-4: 888-11. 

.0702 EXAMINATION PRACTICAL SECTION 

The practical section of the esthetician teacher's 
examination shall require the candidate to perform procedures 
which will test the basic knowledge and skills of teaching 
techniques. 

Authority G.S. 88B-4: 88B-11. 

SUBCHAPTER 140 - ESTHETICIAN CURRICULUM 

SECTION .0100 - GENERAL 

.0101 UNIFORMS 

All students in training as an esthetician shall wear a clean, 
white, washable unifonn or white professional attire, nametag 
identifi ing academic status, and clean, solid white shoes. 

Authority G.S. 88B-4. 

.0102 COURSE OF STUDY 

(a) Pursuant to G.S. 8 8B 9( 1 ). an applicant for r e gistration 
as an esthetician must hav e completed 600 hours in classes in a 
cosm e tic art school approv e d by th e Board. 

(te^ The following course outline is required by the Board 
before taking the esthetician examination: 



(1) 
(2) 
(3) 
(4) 
(5) 
(6) 

(7) 
(8) 
(9) 
(10) 
(11) 
(12) 
(13) 
(14) 



orientation. 

anatomy/physiology. 

hygiene/sterilization/first aid. 

chemistry. 

client consultation. 

facial/body treatment (cleansing, massage, masks), 

masks, etc.). 

hair removal. 

basic dermatology, 

machines, electricity, apparatus, 

aromatherapy, 

nutrition, 

business management, 

make-up/color analysis, 

professional ethics. 



Authority G.S. 88 B- -I. 

.0103 EQUIPMENT AND INSTRUMENTS 

(a) An Esthetician school shall be equipped with 
following minimum equipment: 



the 



( 1 ) 3 facial treatment chairs, treatment tables, or 
hydraulic treatment chairs, 

(2) 3 esthetician"s stools, 

(3) 1 facial vaporizer, 

(4) I galvanic current apparatus, 

(5) 1 infra-red lamp, 

(6) 1 woods lamp, 

(7) I footed magniiy ing lamp or magnifying lamp that 
attaches to the wall, 

(8) 1 hair removal wax system, 

(9) 1 thermal wax system, 

(10) I suction machine, 

(11) 1 exfoliation (brushes), 

(12) table for machines, 

(13) lavatory with hot and cold running water in the 
treatment area. 

(b) All equipment shall be maintained in a sanitary, safe 
operating order at all times. 

(c) The minimum requirement for a school of cosmetology 
desiring to include a department of esthetics in its training 
program shall be at least one of each item specified in for a 
s chool of es th e tic s . Paragraph (a) of thjs Rule. 

(d) Each esthetician student shall be supplied with: 

( 1 ) cape. 

(2) spatulas, 

(3) astringents, 

(4) tweezers, 

(5) cotton pads, 

(6) make up supplies, 

(7) sponges, 

(8) all purpose cream, 

(9) fumigant. 

.Authority G.S. 88B-4. 

.0104 SERVICES PERFORMED 

No student enrolled in a course for esthetics only, shall 
perform any s e rvic es in th e co s m e tolog\ s chool service of 
cosmetic art except those directly related to the prescribed 
course in esthetics. 

.Authority G.S 88B-23. 

.0105 IDENTIFICATION PINS 

Each student enrolled for an esthetics course only shall wear 
a pin stating "Esthetics Onl\." The lettering on a pin must be 
easily read and in large print. 

Authority G.S 88B-4. 

.0106 LIVE MODEL PERFORMANCES 

(a) All esthetician students shall complete the following 
minimum number of live model performances during the 
esthetics course under the supervision of a r e gi s t e r e d licensed 
cosmetologist or esthetician teacher before taking the 
esthetician examination: 
(1) Facials: 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1660 



PROPOSED RULES 



(A) 40 Manual (skin analysis, cleansing, scientific 
manipulations, packs and masks), 

(B) 60 Electrical (the use of electrical modalitus, 
including dermal lights, and electrical 
apparatus for facials and skin care). 

50 Eyebrow arching and hair removal; 

40 Make-up (skin analysis, complete and corrective 

make-up). 

minimum of 60 hours of technical and practical 
instruction in application areas are required prior to conducting 
performances on the public. 



(2) 
(3) 

(b) A 



Authority G.S. 88B-4. 

.0107 SANITATION 

(a) All creams, lotions, and other cosmetics used on patrons 
must be kept in clean and closed containers. 

(b) All powder used on patrons must be kept in a clean 
shaker or may be applied by means of cotton or other sanitized 
application. 

(c) Creams and other semi-solid substances must be 
removed from the container with a sanitized spatula or other 
article. The use of fingers for removing creams, etcr is 
prohibited. 

(d) Lotions or fluids shall be poured into a sanitized glass or 
other containers and shall be applied to the patron by means of 
cotton or sanitized applicator Any excess remaining after 
application shall neither be returned to the original container 
nor applied to another patron, but shall be discarded 
immediateK. 

(e) Creams, lotions, powder and other cosmetics shall be 
removed by means of cotton, gauze, pledgets, soft absorbent 
paper, or other sanitized material. 

(f) Eyebrow pencils must be sharpened after being used on 
a patron. 

(g) The use of cake mascara is prohibited. 

Authority G.S. 88B-4. 

SUBCHAPTER 14P - CIVIL PENALTY 
SECTION .0100 - GENERAL 

.0101 SCHEDULE OF CIVIL PENALTIES 

The Bo a rd shal l adopt a civil penalty schedule for the T ^*^ 
and 3 "* violations of the following offenses. For the 4^-and 
subs e qu e nt off e ns es , th e provisions of G.S. 88 B 2 4 will apply. 
Tho se violation s that ar e first off e nse corr e ctable will be 
id e ntifi e d with th e word "warning" app e nd e d to it. — If th e 
off e ns e i s not corr e ct e d within th e 30 day tim e allott e d, th e 
civil penalty in par e nth e sis will apply. 

The rules in this Subchapter establish the schedule of civil 
penalties required by G.S. 88B-29(c). The amounts stated are 
the presumptive amounts which maybe modified in accordance 
with G.S. 88B-29(b). Those violations that are P offense 
correctable are identified with the word "warning" appended to 
it if thie offense is not corrected within the 30 day time 



allotted, the presumptive civil penalty in parenthesis shall 
apply. 

.4uthorit\'G.S. 88B-4: 888-29. 



.0102 QUALIFICATIONS FOR LICENSING 
TEACHERS 

Submitting — feise — er — fraudul e nt — docum e ntation — en — ttte 
application for lic e nsur e as a T e ach e r: 

The presumptive civil penalty for submitting false or 
fraudulent documentation on the application for licensure as a 
teacher is: 

(1) P offense $1,000.00. 

(2) subsequent offense revocation of license 

and penalty. 



Authority' G.S. 88B-4: 88B-24: 



-29. 



.0103 TEMPORARY EMPLOYMENT PERMIT 

Practicing cosm e tology, manicuring, or e sth e tics with an 
e xpir e d p e rmit. Th e fir s t off e ns e is a warning that if not 
corr e ct e d within thirty days a on e hundr e d dollar (SIOO.OO) 
p e nalty will apply: 

The presumptive civil penalty for practicing cosmetology, 
manicuring, or esthetics with an expired temporary 
employment permit is: 

(1) ]'■ offense 

(2) 2"" offense 

(3) 3"* offense 

Authoring G.S 88B-4. 



warning ($100.00). 

$250.00. 

$500.00. 



.0104 LICENSING OF COSMETIC ART SHOPS 

(a) Op e rating a salon without first filing an application for a 
salon lic e n se : 

(a) The presump tive civil penalty for operating a cosmetic 
art shop without first filing an application for a salon license: 

(1) P' offense warning ($100.00). 

(2) 2"^ offense $200.00. 

(3) 3'" offense $300.00. 

{h) — Moving or changing location of an e xisting salon 
without fir s t s ubmitting th e appropriat e form and foe to the 
Board: 

(b) The presumptive civil penalty for moving or changing 
location of an existing cosmetic art shop without first 
submitting the appropriate form and fee to tlie Board is; 

(1) P' offense warning ($100.00). 

(2) 2"" offense $200.00. 

(3) 3'" offense $300.00. 

Authority- G.S. 88B-4. 

.0105 RENEWALS; EXPIRED LICENSES; 
LICENSES REQUIRED 

(a) Op e rating a salon with an e xpir e d lic e ns e : 
(a) The presumptive civil penalty for operating a cosmetic 
art shop with an expired license is: 



1661 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



PROPOSED RULES 



(1) 1^' offense 

(2) 2"" offense 

(3) 3'" offense 



warning ($100.00). 

$250.00. 

$500.00. 



(b) Practicing cosm e tology, manicuring, or es th e tic s with an 
e xpired lic e ns e : 

(b) The presumptive civil penalty for practicina 
cosmetoloKv. manicuring, or esthetics with an expired license: 

(1) P' offense warning ($100.00). 

(2) 2"" offense $250.00. 

(3) 3'" offense $500.00. 

(c) Teaching with an e xp i r e d lic e n se : 

(c) The presumptive civil penalty for teaching with aij 
expired license is: 

(1) P' offense warning ($100.00). 

(2) 2"" offense $200.00. 

(3) 3'" offense $400.00, 

Authority G.S. 88B-4: 88B-21: 88B-24. 

.0106 LICENSES REQUIRED 

(a) Practicing cosmetic art without a l ic e ns e : 
(a) The presumptive civil penalt^ for practicing cosmetic art 
without a license is: 



(1) P' offense $100.00. 

(2) 2"" offense $300.00. 

(3) 3'" offense $500.00. 

fM — P e rforming s e rvices which th e practition e r - i s not 
licens e d to perform: 

(bj The presumptive civil penalty for performing services 
which the practitioner is not licensed to perform is: 

(1) P' offense $100.00. 

(2) 2"" offense $250.00. 

(3) 3^" offense $500.00. 

Authority- G.S. 888-4; 888-29. 

.0107 LICENSES TO BE POSTED 

(a) Failur e to display sa l on/school lic e ns e : 

(a) The presumptive civil penalty for fai lure to display a 
cosmetic art shop/school license: 

( 1 ) P' offense warning ($50.00). 

(2) 2"" offense $100.00. 

(3) 3^" offense $200.00. 

(b) Failure to display an individual lic e ns e : 

(b) The presumptive civil penalty for failure to display an 
individual license is: 

(1) P' offense warning ($50.00). 

(2) 2"" offense $100.00. 

(3) 3"* offense $200.00. 

Authority G.S. 888-4; 888-29. 

.0108 REVOCATION OF LICENSES AND 

OTHER DISCIPLINARY MEASURES 

(ft) — Allowing unlicen se d proctition e rs to practic e in a 
lic e nsed salon: 



(a) The presumptive civil penalty for allowing unlicensed 
practitioners to practice in a licensed cosmetic art shop: 

(1) P' offense $250.00. 

(2) 2"" offense $500.00. 

(3) 3'" offense $1,000.00. 

(fe) Practicing cosm e tology, manicuring or e sth e tics with 

a lic e ns e issu e d to anoth e r p e rson: 

(b) The presumptive civil penalty for practicing 
cosmetology, manicuring or esthetics with a license issued to 
another person is: 

(1) P' offense $300.00. 

(2) 2"" offense $500.00. 

(3) 3^'' offense $1,000.00. 

(c) Alt e ring a lic e n se , p e rmit or authorization issu e d by th e 
Board: 

(c) The presumptive penalty for altering a license, permit or 
authorization issued by the Board is: 

(1) P' offense $300.00. 

(2) 2"" offense $400.00. 

(3) 3^" offense $500.00. 

(4^ Submitting fal se or fraudul e nt docum e nt s wh e n 

e nrolling students: 

(d) The presumptive civil penalty for submitting false or 
fraudulent documents when enrolling students is: 

( 1 ) P' offense $200.00. 

(2) 2"" offense $300.00. 

(3) 3'" offense $500.00. 

Authority G.S. 888-4; 888-24; 888-29. 

.0109 INSPECTIONS 

Refusal to p e rmit or int e rf e rence with an insp e ction: 

The presumptive civil penalty for refusal to permit or 
interference with an inspection: 

(1) P' offense $100.00. 

(2) 2"'' offense $250.00. 

(3) 3"^ offense $500.00. 

Authority G.S 888-4; 888-27; 888-29. 

.0110 LICENSING OF BEAUTY SALONS 

(a) Us e of a salon a s living, dining, or s l ee ping quart e rs: 

(a) The presumptive civil penalty for use: 

(1) P' offense warning ($50.00). 

(2) 2"' offense $100.00. 

(3) 3"* offense $200.00. 

(b) Failur e to provid e a se parat e entranc e into th e salon: 

(b) The presumptive civil penalty for failure to provide a 
separate entrance into the cosmetic art shop is: 

(1) P' offense warning ($100.00). 

(2) 2"'' offense $200.00. 

(3) 3^" offense $400.00. 

(c) R e op e ning a salon yvhich has b ee n clos e d for mor e than 
90 days without making application to th e Board for a n e w 
lic e ns e : 

(4) 1^'' off e ns e $100.00. 



(3) 2"" off e n se 



$200.00. 



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1662 



PROPOSED RULES 



O^ y* off e n se 



$300.00. 



Authority G.S. 88B-4: 88B-I4: 88B-29. 

.0111 ESTABLISHMENT OF COSMETIC ART 
SCHOOLS 

fa^ — Failur e to provid e minimum floor s pace or equipm e nt 
and s uppli e s a s r e quir e d by Subchapt e rs Ml and MJ: 

(a) The presumptive civil penalty for failure to provide 
minimum floor space or equipment and supplies as required by 
Subchapters 141 and 14J is: 

(1) 1^' offense $200.00. 

(2) 2"" offense $350.00. 

(3) 3'' offense $500.00. 

(b) No lic e ns e d t e ach e r on duty: 

(b) The presumptive civil penalty for no licensed teacher on 
duty is: 

(1) P' offense $100.00. 

(2) 2"" offense $250.00. 

(3) 3'" offense $500.00. 



(1) P' offense 

(2) 2"" offense 

(3) 3^" offense 



warning ($50.00). 

$100.00. 

$200.00. 



fe) — Failur e to maintain e quipm e nt, furnishing s and floor 
coverings: 

(c) The presumptive civil penalty for failure to maintain 
equipment, furnishings and floor coverings is: 

( 1 ) r' offense warning ($25.00). 

(2) 2"" offense $50.00? 

(3) 3" offense $100.00. 

(d) Failure to provid e hot and cold running wat e r: 

(d) The presumptive civil penalty for failure to provide hot 
and cold running water is: 

( 1 ) P' offense warning ($50.00). 

(2) 2"^ offense $100.00. 

(3) 3''' offense $200.00. 

fe) — Allowing any animal or bird to e nt e r or r e main in a 
sa l on or s chool. Train e d animals accompanying sightl e ss or 
h e aring impair e d p e rsons ar e e x e mpt: 

(e) The presumptive civil penalty for keeping any animal or 



(c) Failur e to provid e in s truction at a ratio of on e t e ach e r bird in a cosmetic art shop or school is: (Trained animals 



for e v e ry 20 stud e nts: 

(c) The presumptive civil penalty for failure to provide 
instruction at a ratio of one teacher for every 20 students is: 
I" offense 



warning ($100.00). 
$250.00. 
$500.00. 
(d) Failur e to r e port a chang e in th e t e aching staff: 



(1) 

(2) 2"" offense 

(3) 3'" offense 



(d) The presumptive civil penalty 
change in the teaching staff is: 

(1) P' offense 

(2) 2"" offense 

(3) 3"' offense 



for failure to report a 

warning ($50.00). 

$100.00. 

$200.00. 



(«) — Failur e to submit an application for th e approval of a 
s chool in th e ca se of a change of location or own e rship: 

(e) The presumptive penalty for failure to submit an 
application for the approval of a school in the case of a change 
of location or ownership is: 

(1) P' offense $100.00. 

(2) 2"'' offense $200.00. 

(3) 3^" offense $500.00. 

Authority G.S. 88B-4: 88B-16: 88B-29. 



.0112 SANITARY RATINGS AND POSTING OF 
RATINGS - APPLICABLE TO 

ESTABLISHMENTS WITH A SANITATION 
GRADE OF LESS THAN 80% 

(a) Failur e to di s play an in s p e ction grad e card: 

(a) The presumptive civil penalt\ for failure to display an 
inspection grade card is: 

(1) P' offense 

(2) 2"" offense 

(3) 3'" offense 

(b) Non working toil e t faciliti es : 

(b) The presumptive civil penalt> for non-working toilet 
facilities is: 



warning ($50.00). 

$100.00. 

$200.00. 



accompanying sightless or hearing impaired persons are 
exempt) 

(1) P' offense warning ($25.00). 

(2) 2"" offense $50.00. 

(3) 3"" offense $100.00. 

(0 Failur e to hav e stud e nts w e ar cl e an, white professional 
attir e : 

(f) The presumptive civil penalty for failure to have 
students v\ear clean, white professional attire is: 

(1) i^' offense warning ($50.00). 

(2) 2"" offense $100.00. 

(3) 3^'^ offense $200.00. 

(g^ — Failur e of op e rators in salons to wear clean outer 
garm e nt s wit! sl ee v es : 

(g) The presumptive civil penalty for failure of operators m 
art shops to wear clean outer garments with sleeves js: 

( 1 ) P' offense warning ($50.00). 

(2) 2"'of'ense $100.00. 

(3) 3'" oftense $200.00. 

0^ — Failur e to stor e us e d or cl e an tow e ls, or failur e to 
laund e r us e d tow e ls: 

(h) The presumpti\ e civil penalty for failure to store used or 
clean towels, or failure to launder used towels is: 



(1) P' offense 

(2) 2"" offense 

(3) 3'" offense 



warning ($50.00). 

$100.00. 

$200.00. 



(i) Failur e to dispose of supplies or instrum e nts which com e 
in — dir e ct — contact — wrth — a — patron — and — which — cannot — be 
disinf e ct e d: 

(i) The presumptive ;i\ il penalty for failure to dispose of 
supplies or instuments \\h\ch come in direct contact yvith a 
patron and which cannot be disinfected is: 



(1) P' offense 

(2) 2"' offense 

(3) 3'" offense 

{f} — Failur e to disinf e ct 



warning ($50.00). 
$100.00. 
$200.00. 
non e l e ctrical — instrum e nts — afi4 



e quipm e nt: 



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13:19 



PROPOSED RULES 



(j) The presumptive civil penalK for failure to disinfect 
non-electrical instruments and equipment is: 

(1) I ^' offense warning ($50.00). 

(2) 2"" offense SI 00.00. 

(3) 3" offense $200.00. 
Failur e to stor e and lab e l cr e ams, powd e rs, and oth e r 



^^ 



co s m e tic pr e paration s : 

(k) The presumptive civil penalt\' for failure to store and 
label creams, powders, and other cosmetic preparations is: 

(1) I*' offense warning ($25.00). 

(2) 2"" offense $50.00. 

(3) 3'" offense $100.00. 

(1) Failur e to hav e n e c e s s arv' first aid equipm e nt on hand: 
tJU The presumptive civil penalty for failure to have 
necessary first aid equipment on hand is: 

(1) P' offense warning ($25.00). 

(2) 2"" offense $50.00. 

(3) 3'" offense $100.00. 

(m^ N e c e ssar\' — lighting andor v e ntilation, — unsanitarv' 

condition s : 

(m) The presumptive civil penalty' for failure to provide 
necessary lighting or ventilation, unsanitary conditions is: 

( 1 ) r' offense warning ($50.00). 

(2) 2"" offense $100.00. 

(3) 3''' offense $200.00. 
(n) Doors and windows not e ff e ctiv e ly s cr ee n e d: 

(n) The presumptive civil penalty for windows and doors 
not effectiveK screened is: 



warning ($50.00). 

$100.00. 

$200.00. 



(i) P' offense 

(2) 2"" offense 

(3) 3^'' offense 
(o) Trash contain e rs not cov e r e d: 

(o) The presumptive civil penalty for trash containers not 
covered is: 

(1) I- offense warning ($25.00). 

(2) 2"" offense $50.00. 

(3) 3^" offense $100.00. 
(p) Failure to us e EPA approv e d disinf e ctant: 

(p) The presumptive civil penalty for failure to use EPA 
approved disinfectant is: 

(1) P' offense $50.00. 

(2) 2"" offense $100.00. 

(3) 3"" offense $200.00. 

(q) Failure to maintain a sanitary' e stablishm e nt (80°o rating 
or b e tt e r): 

(q> The presumptive civil penalty for failure to maintain a 
sanitary establishment (80% rating or better) is: 

(1) P' offense warning ($25.00). 

(2) 2"" offense $50.00. 

(3) 3"^ offense $100.00. 

Authoht}' G.S. 88B-4; 88B-29. 

.0113 OPERATIONS OF SCHOOLS OF COSMETIC 
ART 

(a) Failur e to r e cord stud e nt's hours of daily att e ndanc e : 



(a) The presumptive civil penalty for failure to record 
student's hours of daily attendance js; 

warning ($100.00). 

$200.00. 

$300.00. 



(1) P' offense 

(2) 2"" offense 

(3) 3'" offense 



(b) Failur e to r e port withdrawal or graduation of a stud e nt 
yvithin 30 working days: 

(b) The presumptive civil penalty for failure to report 
withdrawal or graduation of a student within 30 working days 
is: 



(1) 
(2) 
(3) 



1 " offense 
2"^ offense 
3^" offense 



warning ($50.00). 

$100.00. 

$200.00. 



(e) — Failur e to submit cosm e tology e nrollm e nts within 30 
working days or manicurist and e sthetician enrollm e nt s within 
15 working day s : 

(c) The presumptive civil penalty for failure to submit 
cosmetology enrollments within 30 working days or manicurist 
and esthetician enrollments within 15 working days is: 

(1) P' offense warning ($50.00). 

(2) 2"" offense $100.00. 

(3) 3"^ offense $200.00. 

(d) Failur e to display a copy of th e sanitary rules: 

(d) The presumptive civil penalty for failure to display a 
copy of the sanitary rules is: 

( 1 ) P* offense warning ($50.00). 

(2) 2"" offense $100.00. 

(3) 3'" offense $200.00. 

(e) — Failure to post consumer sign "Cosm e tic Art School 
Work Done Exclu s iv e ly by Stud e nts": 

(e) The presumptive penalty' for failure to post consumer 
sign "Cosmetic Art School z Work Done Exclusively by 
Students" is: 

(1) P' offense 

(2) 2""^ offense 

(3) 3'" offense 

Authorin- G.S. 88B-4: 88B-16: 88B-29. 



warning ($50.00). 

$100.00. 

$200.00. 



.0114 COSMETOLOGY CURRICULUM 

{a^ — Cosmetology stud e nts with l e ss than 300 hours cr e dit 
working on th e public. Shampoo and scalp manipulations ar e 
e xempt: (school violation) 

(a) The presumptive civil penalty for a school violation for 
alloyving cosmetology students with less than 300 hours credit 
to work on the public. Shampoo and scalp manipulations are 
exempt: 

(1) P' offense $100.00. 

(2) 2"" offense $200.00. 

(3) 3"^ offense $300.00. 

{h) — Manicuri s t s tud e nts with l es s than 16 hour s cr e dit 
yvorking on th e public: 

(b) The presumptive civil penalty for manicurist students 
with less than 16 hours credit yyorking on the public is: 

(1) P' offense $100.00. 

(2) 2"" offense $200.00. 

(3) 3^'' offense $300.00. 



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1664 



PROPOSED RULES 



(e) — Esth e tician stud e nt s with l ess than 60 hours cr e dit 
working on th e public: 

(c) The presumptive civil penalty for esthetician students 
with less than 60 hours credit working on the public js; 

(1) P' offense $100.00. 

(2) 2"" offense $200.00. 

(3) 3"* offense $300.00. 

Authority G.S. 88B-4: 88B-29. 

.0115 SANITARY RATINGS 

Failur e to di s play an in s p e ction grad e card: 
The presumptive civil penalty for a school violation for 
failure to display an inspection grade card is: 

(1) P' offense warning ($50.00). 

(2) 2"^ offense $100.00. 

(3) 3'" offense $200.00. 

Authority G.S. 88B-4: 88B-29. 

.0116 CIVIL PENALTY PROCEDURES 

(a) Citations. The Board, through its duly authorized 
representatives, shall issue a citation with respect to any 
violation for which a civil penalty may be assessed. Each 
citation shall be in writing and shall describe the nature of the 
violation, including a reference to the specific provision 
alleged to have been violated. The civil penalty, if an\. shall 
attach at the time the citation is written. The citation shall 
include an order to correct any condition or violation which 
lends itself to corrections, as determined by the Board. 

(b) Correction of Violation. Any licensee who has been 
issued a warning citation must present written proof 
satisfactory to the Board, or its executive director, that the 
violation has been corrected. This provision applies only to a 
licensee's first violation rn any one year period for a violation 
with a P offense warning penalty. Proof of correction shall be 
presented to tlie Board, through its executive director, within 
30 days of the date the warning citation was issued. The Board 
may, in its discretion, extend for a reasonable period, the time 
within which to correct the warning citation upon the showing 
of good cause. Notices of correction filed after the prescribed 
date shall not be acceptable and the civil penalty shall be paid. 

(c) Contested Case. Persons to whom a notice of violation 
or a citation is issued and a civil penalty assessed, may contest 
the civil penalty by filing written notice with the Board. The 
Board shall institute a contested case by sending a notice of 
hearing pursuant to Article 3A of G.S. 150B. The issuance of 
notice of hearing shall stay the civil penalty until the Board 
renders a final agency decision in the contested case. 

(d) Final Agency Decision. The Board, after the hearing has 
been concluded, rnay affirm, reduce, or dismiss the charges 
filed in tlie notice of hearing or any penalties assessed. In no 
event shall the civil penalty be increased. 

(e) Failure to File. If no written notice contesting the civil 
penaltN is filed as set forth in Paragraph (c) of this Rule, the 
civil penalty becomes a final agency decision. 

Authorit\' G.S. 88B-4: 88B-29. 



1665 NORTH CAROLINA REGISTER April 1, 1999 13:19 



TEMPORAR Y RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e). publication of a temporary rule in the North Carolina Register sen-es as a notice of rule-making 
proceedings unless this notice has been previously published hy the agency. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: North Carolina Marine Fisheries 
Commission 

Rule Citation: 15A NCAC 3M .0513 

Effective Date: March 1. 1999 

Findings Reviewed and Approved by: Julian Mann. Ill 

Authority for the rule-making: G.S. 113-134: 113-182: 
113-221: 143B-289.52 

Reason for Proposed Action: A recent stock assessment of 
river herring indicates that the population is at a historic low. 
spawning stock biomass is decreasirig and fishing mortality 
has exceeded sustainable levels. Temporaiy measures for 
management of the fisher}- while the Fishery Management 
Plan is being developed are necessaiy. 

Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission. .Attention Juanita 
Gaskill. PO Box ~69. Morehead City. NC 28557. Comments 
will be accepted through June 1. 1999. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FINFISH 

.0513 RIVER HERRING AND SHAD 

f&) — Until the adoption of a fish e n manag e m e nt plan for 
riv e r h e rring (Blueback Herring. Al e wif e ) or shad (Am e rican 
Shad. HickoPi Shad) by th e North Carolina Marin e Fish e ri e s 
Commission, it is unlawful to tak e blu e back h e rring, al e wif e . 
Am e rican shad and hickor\ shad by any m e thod from April 15 
through Januan. 1 . 

fb) — Upon adoption of and in ord e r to comply with th e 
manag e m e nt — requir e ments — incorporat e d — m — the — Fish e rv' 
Manag e m e nt Plan(s) for Riv e r H e rring — (Blu e back H e rring. 
Alewif e ) or Shad (Am e rican Shad. Hickorv Shad) d e v e lop e d 
by the North Carolina Marin e Fi s h e ri e s Commission, th e 

(a) The Fisheries Director may. by proclamation, based on 
variabilirs in environmental and local stock conditions, take 
any or all of the following actions in the blueback herring, 
alewife, American shad and hickory shad fisheries: 

(1) Specify size; 

(2) Specify season; 



(3) Specify area; 

(4) Specify quantity; 

(5) Specify' means/methods; and 

(6) Require submission of statistical and biological data. 

(b) The annual commercial quota (calendar year) for river 
herring in the Albemarle Sound Herring Management Area 
shall be 450.000 pounds to be allocated as follows: 

( 1) 300.000 pounds to the pound net fishery for the 
Chowan River Herring Management Area; 

(2) 100.000 pounds to the Albemarle Sound Herring 
Management Area gill net fisherv; and 

(3) 50.000 pounds to be allocated at the discretion of 
the Fisheries Director. 

(c) For the purpose of this Rule, the Albemarle Sound 
Herring Management Area js defined as Albemarle Sound and 
all its joint water tributaries; Currituck Sound; Roanoke and 
Croatan sounds and al] their joint water tributaries, including 
Oregon Inlet, north of a line from Roanoke Marshes Point 35f 
48; IT N : 75i 43: M:: W, running 122" (M) across to the 
north p oint of Eagles Nest Bas 35" 44' 12" N - 75" 31' 09" W. 

(d) For the purpose of this Rule, the Chowan River Herring 
Management Area is defined as that area northuest of a line 
from Black Walnut Point 36" 00' 00" N - 76° 41' 00" W; 
running 040" (M) to Reedv Point 36" 02' 12" N - 76" 39' 20" 
W, to the North CarolinaVirginia state line; including the 
Meherrin River. 

(e) Jt is unlawful to take American shad and hickory shad 
by an\ method except hook-and-line from April 15 through 
December 3 1 . 

fe-)(f) It is unlawful to possess more than 10 American shad 
or hickory shad, in the aggregate, per person per day taken b> 
hook and line, hook-and line or for recreational purposes. 

HistoiyNote: Authority G.S. 113-134: 113-182: 113-221: 

143B-289.52: 

Eff. March 1. 1995: 

.Amended Eff. .August 1. 1998: 

Temporary' .Amendment Eff. March 1, 1999. 



A * A A it 



Rule-making Agency: NC Wildlife Resources Commission 

Rule Citation: 15A NCAC lOB .0113. .0202 - .0203. .0205. 
.0209. .0212, .0302: IOC .0205. .0305, .0401: WD .0102 - 
.0103 

Effective Date: July 1, 1999 

Findings Reviewed and Approved by: Beecher R. Gray 



13:19 



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1666 



TEMPORAR Y RULES 



Authority for the rule-making: 65 113-134: 113-264: 
113-270.3: 113-2^2: 113-2-6.1: 113-291.1: 113-291.2: 113- 
291.3: 113-291.4: 113-291.5: 113-292: 113-304: 113-305: 
113-306 

Reason for Proposed Action: 

ISA NCAC JOB .0113 - The NC Wildlife Resources 

Commission initiated this temporary rule to consen-e wildlife 

resources by establishing, a procedure for hunters to report 

big game kill as related to hunting hag limits. .4 permanent 

rule will be filed for this temporaiy rule. 

ISA NCAC lOB .0202 - The NC Wildlife Resources 

Commission initiated this temporaiy rule to consen^e wildlife 

resources by establishing and defining a hunting season for 

the harvest of bear A permanent rule will be filed for this 

temporary rule. 

ISA NCAC 108 .0203 - The NC Wildlife Resources 

Commission initiated this temporary rule to conserve wildlife 

resources by establishing and defining a hunting season for 

the harvest of deer A permanent rule will be filed for this 

tetnporary rule. 

ISA NCAC 108 .0205 - The NC Wildlife Resources 

Commission initiated this temporary rule to conserve wildlife 

resources by establishing and defining a hunting season for 

the harvest of racoon and opossum. .4 permanent rule will be 

filed for this temporaiy rule. 

ISA NCAC 108 .0209 - The NC Wildlife Resources 

Commission initiated this temporary rule to conserve wildlife 

resources by establishing and defining a hunting season for 

the harvest of wild turkey (bearded only). A permanent rule 

will be filed for this temporary rule. 

ISA NCAC 108 .0212 - The NC Wildlife Resources 

Commission initiated this temporary rule to conserve wildlife 

resources by establishing and defining a hwiting season for 

the harvest of foxes (gray & red). A permanent rule will be 

filed for this temporary rule. 

ISA NCAC 108 .0302 - The NC Wildlife Resources 

Commission initiated this temporary rule to conser\'e wildlife 

resources by establishing a trapping season. A permanent 

rule will be filed for this temporary' rule. 

ISA NCAC IOC .020S - The NC Wildlife Resources 

Commission initiated this temporaiy rule to conser^'e wildlife 

resources by establishing fishing seasons in public mountain 

trout waters. A permanent rule will be filed for this temporary' 

rule. 

ISA NCAC IOC .030S - The NC Wildlife Resources 

Commission initiated this temporary' rule to conserve wildlife 

resources by establishing fishing seasons and creel limits for 

game fish. A permanent rule will be filed for this temporaiy 

rule. 

ISA NCAC IOC .0401 - The NC Wildlife Resources 

Commission initiated this temporaiy rule to conserve wildlife 

resources by establishing fishing creel limits for nongame fish 

in the community fishing program. A permanent rule will be 

filed for this temporaiy rule. 

ISA NCAC lOD .0102 - The NC Wildlife Resources 

Commission initiated this temporary' rule to efficiently operate 

and manage the public game lands for use of restricted 



firearms. A permanent rule will be filed for this temporaiy 

rule. 

ISA NCAC lOD .0103 - The NC Wildlife Resources 

Commission initiated this temporaiy rule to efficientlv operate 

and manage hunting on public game lands. A permanent rule 

will be filed for this temporary rule. 

Comment Procedures: The North Carolina Wildlife 
Resources Commission has the authority to adopt temporary 
rides pursuant to G.S. 150B-21.1(alj. These temporary rules 
were adopted following public hearings and public comment 
period established for permanent rule adoption. Public 
hearings were held from January 19. 1999 to February 3. 
1 999 for the permanent rules and the record of hearing for 
public comment was closed on February 1 1 , 1999. Permanent 
rules will be filed with the Rules Review Commission. 

Editor's Note: 15A NCAC IOC .0305 OPEN SEASONS: 
CREEL AND SIZE LIMITS is proposed for Temporary 
amendment as follows with changes in bold text for (a) Shad, 
and (b)(19) previously published in Volume 13, Issue 5 
page 492 of the North Carolina Register WITH 
CHANGES, approved by the Rules Review Commission 
on 12-17-98 and waiting for review by the 1999 Legislative 
Oversight Committee on Rules. A Temporary Rule was 
approved on the bold text effective November 1, 1998. The 
amended changes not in bold were published in Volume 13, 
Issue 12. page 949 of the NC Register. 

CHAPTER 10 - WILDLIFE RESOURCES AND WATER 
SAFETY 

SUBCHAPTER lOB - HUNTING AND TRAPPING 



SECTION .0100 - GENERAL REGULATIONS 

.0113 BIG GAME KILL REPORTS 

Th e carca ss of e ach b e ar, wild turk e y, and d ee r ( e xc e pt 
antl e rl e sG d ee r harv e st e d on ar e as in the Doer Managem e nt 
Assistanc e Program as d e scrib e d in G.S. 113 291.2( e )) shall 
be tagged at th e sit e of th e kill with th e appropriat e big gam e 
tag which has b ee n validat e d by cutting out th e month and day 
of the kill. 

All har\' es t e d b e ar. d ee r, wild turk e y, and wild boar must b e 
r e gist e r e d at a Wildlif e Coop e rator Ag e nt or r e port e d through 
th e toll fr ee Big Gam e T e l e phon e R e porting Syst e m, b e for e 
they are skinned or dressed or dismember e d for consumption 
e xc e pt in thos e cas e s wh e r e th e kill occurs in a remote ar e a 
which pr e v e nts th e animal from b e ing transport e d as an e ntir e 



carcass. — In th e s e cas e s, th e carcas s may b e tagg e d, s kinn e d, 
quart e r e d, and transport e d to th e Wildlif e Coop e rator Ag e nt 



for reporting or r e port e d within 21 hours through the Big 
Gam e T e l e phon e R e porting Syst e m. — A Wildlif e Coop e rator 



Ag e nt locat e d within th e imm e diat e ar e a of open season shall 
supply an authorization numb e r or an authorization numb e r 



may b e obtain e d through th e Big Gam e T e l e phon e R e porting 
Sy s t e m. — Th e tag shall b e affix e d to th e carca ss at a location 
and in such manner as to b e visibl e upon insp e ction from th e 



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outsid e , and it is unlawful to affix th e tag at any location or in 
any mann e r so as to conc e al it from vi s ibility' upon ordinary 
inspection. It is unlawful to r e mov e th e tag from th e carcass 
prior to th e kill being prop e rly r e port e d e ither through a 
Wildlif e — Coop e rator — Ag e nt — ef — through — the — Big — Gam e 
Telephone Reporting Sy s t e m or at any tim e th e r e aft e r until th e 
carcass is finally s kinn e d or dr e ss e d for con s umption. — Th« 
authorization numb e r giv e n through th e Big Gam e T e l e phon e 
R e porting Sy s t e m or a Wildlif e Coop e rator Ag e nt mu s t b e 
recorded on th e appropriat e lin e of th e hunt e r's Big Gam e 
Harv es t Authorization R e cord provid e d with their lic e ns e and 
shall ther e aft e r con s titut e hi s p e rmit to continu e in pos se ssion 
of th e carcass. — Oth e rwi s e, the continu e d po s s e s s ion of th e 
bear, wild turk e y, deer or wild boar shall b e unlawful. 

Per s ons who ar e by law exempt from th e big gam e hunting 
lic e ns e ar e not r e quir e d to tag th e carcas s but shall r e port e ach 
kill as abov e r e quir e d, and. in li e u of th e tag and Big Gam e 
Harv es t Authorization R e cord, th e hunt e r shall r e cord th e 
authorization numb e r and r e tain it to th e r e aft e r con s titut e his 



Upon leaving the remote area, the hunter shall proceed directly 
to a telephone or to a Wildlife Cooperator Agent to register the 
kill. 

(c) When a successful hunter presents a big game kill at a 
Wildlife Cooperator Agent for registration, the Wildlife 
Cooperator Agent shall issue an authorization number, which 
includes the date of kill, to the successful big game hunter. 
The hunter shall record the authorization number given by the 
Wildlife Cooperator Agent or obtained by telephone in the 
space provided immediately adjacent to the validation box that 
has been cut or punched out on the Bjg Game Harvest Report 
Card. The record entered on the Big Game Harvest Report 
Card shall thereafter constitute authorization for continued 
possession of the carcass. Possession ot" a harvested bear, 
deer, wild boar, or wild turkey without a validated Big Game 
Harvest Report Card includin g the authorization number 
obtained from a Wildlife Cooperator Agent or through the toll 
free Big Game Reporting System shall be unlawful. 

(d) Persons killing a bjg game animal and leaving it 
p e rmit to continu e in poss ess ion of th e carca s s. — Th e word unattended must identify the carcass with their name, their 
"exempt" tog e th e r with th e r e ason th e r e for (par e nt' s lic e n se . hunting license number, and the date of kill. Once an 
landown e r, agricultural l e ss ee ) shall b e writt e n on th e hunt e r' s unattended animal is registered the animal need only be 
r e cord and th e r e gi s tration form at th e Wildlif e Coop e rator identified with the authorization number received at the 

Wildlife Cooperator Agent or by telephone, h shall be 
unlawful for a person to possess a Bjg Game Harvest Report 
Card on which the species validation box has been cut or 



Ag e nt. 

P e r s ons — killing — a — deer — und e r — the — Beer — Manag e m e nt 
Assi s tanc e Program and not r e quir e d to u se th e tag provid e d 
with th e Big Gam e Lic e n se must not r e cord th e ir authorization 
numb e r on th e Big Gam e Authorization R e cord but must k ee p 
a s e parat e r e cord of th e authorization numb e rs obtain e d for 
deer kill e d und e r this program. 

Any big gam e tag which has b e en detached fi"om th e backing 
or tag card issued with the big game lic e n se prior to th e killing 
and tagging of th e big game anima l may b e s e iz e d by a wildlif e 
enforcem e nt officer, if there i s e vid e nc e of prior us e . 

(a) Upon killing a bear, deer, wild boar, or wild turkey and 
before moving the animal from the site of kill, the successful 
hunter must validate the Big Game Harvest Report Card 
furnished with the big game hunting license by cutting or 
punching out the validation box that correctly identifies the big 
game animal harvested. 

(b) Before any harvested bear, deer, wild boar, or wild 
turkey is skinned, dressed, or dismembered for consumption 
and within 24 hours of the kill, the animal must be transported 
to a Wildlife Cooperator Agent within the immediate area of 
open season to be registered or reported through the toll free 
Big Game Reporting System. The hunter may field dress the 
animal at the site of kill or before registering jt at a Wildlife 
Cooperator Agent or by telephone by bleeding and removing 
the digestive, respiratory, and circulatory organs: but, the 
hunter may not mutilate the carcass m a manner that obscures 
its species identity, age, or sex. When the kill occurs in a 
remote area, which prevents the animal from being transported 
as an entire carcass, the animal may be skinned and quartered 
before being reported by telephone or transported to a Wildlife 
Cooperator Agent to be registered. When a hunter harvests a 
big game animal in a remote area and plans to remain in the 
remote area for longer than a day, the 24-hour time limit to 
register the kill is extended until the hunter leaves the area. 



punche d out, but on which the authorization number from a 
Wildlife Cooperator Agent has not been recorded, unless the 
animal is in the person's possession and being transported to a 
Wildlife Cooperator Agent or identified as described in this 
Paragraph. 

(e) Persons who are by law exempt from the big game 
hunting license shall obtain a Big Game Harvest Report Card 
for License Exempt Hunters from a Wildlife Service Agent at 
no cost. Upon harvesting a bear, deer, wild boar, or wild 
turkey, the exempt person shall validate the Big Game Harvest 
Record Card and report the big game kill at a Wildlife 
Cooperator Agent or by telephone as provided by this Rule. 

(f) Persons killing antlerless deer under the Deer 
Management Assistance Program pursuant to G.S. 1 13- 
291.2(e) shall follow the tagging and reporting requirements 
set forth by statute and are not obligated to take any action 
under this Rule. 

Histoiy Note: Aiithohn- G.S. 113-134: 113-2W.3: 

113-276.1: 

Effi Februaiy I, 1976: 

Amended Eff. July 1, 1998: July 1. 1997: July 1. 1995: July I. 

1994: July 7, 1993: July 1. 1989: 

TemporaiT Amendment Eff. July ]_^ 1999. 

SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons for bear shall be from the; 
( 1 ) Monday on or nearest October 1 5 to the Saturday 
before Thanksgiving and the third Monday after 
Thanksgiving to January 1 in and west of the 



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boundan' formed by NC 44 1 13 from the Virginia 
State line to Wiii< e sboro and the intersection with 
NC 18 and NC 18 from Wilk e sboro to the South 
Carolina State line. 

(2) Second Monday in November to the following 
Saturday and the third Monday after Thanksgiving 
to the following Wednesday in all of B e aufort. 
B e rti e . Camd e n. Crav e n. Dare. Gat e s. H e rtford. 
Hyd e . Jon e s, — Pamlico. — Pasquotank. — Tyrrell, and 
Washington counti e s; Hertford County; and in the 
following parts of counties: 

Chowan: — that part north of a lin e form e d by SR 

1002. SR 1222 and SR 1221. 

Currituck: — e xc e pt Knotts Island and th e Out e r 

Bank s . 

Halifax: that part east of US 301. 

Martin: that part east of US 17. 

Northampton: that part east of US 30 1 . 

(3) Second Monday in November to January 1 in all of 
Bladen, Carteret, Duplin, New Hanover, Onslow 
and Pender counties; and in the following parts of 
counties: 

Cumberland: that part south of NC 24 and east of 

the Cape Fear River 

Sampson: that part south of NC 24. 

(4) Second Monday in December to January 1 in 
Brunswick and Columbus counties. 

(5) Second Monday in November to the following 
Saturday and the third Monday after Thanksgiving 
to the fifth Saturda\ after Thanksgiving m aH of 
Beaufort, Bertie. Camden. Craven. Dare. Gates. 
Hyde. Jones. Pamlico. Pasquotank. Tyrrell, and 
Washington counties, and in the following parts of 
counties: 

Chowan: that part north of a line formed by SR 

1002. SR 1222. and SR 1220. 

Currituck: except Knotts Island and the Outer 

Banks. 
(b) No Open Season. There is no open season in any area 
not included in Paragraph (a) of this Rule or in those parts of 
counties included in the following posted bear sanctuaries: 

Avery, Burke and Caldwell counties—Daniel Boone 

bear sanctuary 

Beaufort, Bertie and Washington counties— Bachelor 

Ba\ bear sanctuary 

Beaufort and Pamlico counties— Gum Swamp bear 

sanctuary 

Bladen County— Suggs Mill Pond bear sanctuary 

Brunswick County —Green Swamp bear sanctuary 

Buncombe. Hay-wood. Henderson and Transylvania 

counties-Pisgah bear sanctuary 

Carteret. Craven and Jones counties— Croatan bear 

sanctuary 

Clay County— Fires Creek bear sanctuary 

Columbus County— Columbus County bear 

sanctuary 

Currituck County— North River bear sanctuary 

Dare County— Bombing Range bear sanctuary 



Haywood County— Harmon Den bear sanctuary 

Haywood County— Sherwood bear sanctuary 

Hyde County— Gull Rock bear sanctuary 

Hyde County— Pungo River bear sanctuary' 

Jackson County-Panthertown-Bonas Defeat bear 

sanctuary 

Jones and Onslow counties— Hofmann bear 

sanctuary 

Macon County —Standing Indian bear sanctuary 

Macon County— Wayah bear sanctuary 

Madison County-Rich Mountain bear sanctuary 

McDowell and Yancey counties— Mt. Mitchell bear 

sanctuary 

Mitchell and Yancey counties— Flat Top bear 

sanctuary 

Wilkes County-Thurmond Chatham bear sanctuary 

(c) Bag limits shall be: 

(1) daily, one; 

(2) possession, one; 

(3) season, one. 

(d) Kill Reports. The carcass of each bear shall be tagged 
and the kill reported as provided by I5ANCAC 1 OB .0113. 

Histon-Note: Authorin- G.S. 113-134: 113-291.2; 

113-291.7: 113-305: 

Eff. Fehnian- 1. 19^6: 

Amended Eff. July 1. 1998: September 1. 1995: July 1. 1995: 

July 1. 1994: April 1. 1992: 

Temporan' Amendment Eff. July 1. 1 999. 

.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not 
listed under the open seasons in Paragraph (b) in this Rule 
shall be closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons): 

(1) Deer With Visible Antlers. Deer with antlers or 

spikes protruding through the skin, as distinguished 

from knobs or buttons covered by skin or velvet. 

may be taken during the following seasons: 

(A) Monday on or nearest October 15 through 

January 1 in all of Beaufort. Bertie. Bladen. 

Brunswick, Camden, Carteret, Chowan, 

Columbus*. Craven. Currituck, Dare, Duplin, 

Edgecombe. Franklin. Gates. Greene. 

Halifax, Hertford, Hoke, Hyde, Johnston. 

Jones. Lenoir, Martin, Nash, New Hanover, 

Northampton, Onslow, Pamlico, Pasquotank, 

Pender, Perquimans, Pitt. Richmond**. 

Robeson. Sampson. Scotland**, Tyrrell. 

Vance, Wake, Warren, Washington, Wa>Tie. 

and Wilson counties, and the following parts 

of counties: 

Cumberland: All of the county except that 
part east of US 401. north of NC 24. and west 
of 1-95; 

Harnett: That part west of NC 87; 
Moore**: All of the county except that part 
north of NC 2 1 1 and west of US 1 ; 



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deer in Lake 

yards of its 



lOD .0003(O(52)(B) 
seasons on Sandhills 



*Unlawful to hunt or kill 

Waccamaw or within 50 

shoreline; 

**See 15A NCAC 

.0103(f)(53)(B) for 

Game Land; 

(B) Monday of Thanksgiving week through the 
third Saturday after Thanksgiving Day in ail 
of Alexander. Alleghany, Ashe. Catawba. 
Davie. Forsvlh, Ga s ton. Iredell. Lincoln. 
Stokes. Surry. Watauga. Wilkes, and Yadkin 
counties; 

(C) Monday of Thanksgiving week through the 
third Saturday after Thanksgiving Day in ail 
of Avery, Buncombe. Burke. Caldwell. 
Cherokee. Clay. Cl e v e land. Graham, 
Haywood. Henderson. Jackson, Macon, 
Madison. McDowell. Mitchell, Polk, 
Rutherford. Swain. Transylvania, and Yancey 
counties; 

(D) Monday before Thanksgiving week through 
Januarv' 1 in all of Alamance, Anson, 
Cabarrus, Caswell, Chatham, Davidson, 
Durham. Granville. Guilford. Lee. 
Mecklenburg. Montgomery. Orange. Person. 
Randolph. Rockingham, Rowan, Stanly, and 
Union counties, and in the following parts of 
counties: 

Cumberland: That part east of US 40 1 . north 

ofNC 24 and west of 1-95; 

Harnett: That part east of NC 87; 

Moore: That part north of NC 21 1 and west 

of US 1; 

(E) Monday on or nearest September 10 through 
Januar)' 1 in those parts of Camden, Gates 
and Pasquotank counties known as the 
Dismal Swamp National Wildlife Refuge, in 
those parts of Hyde, Tyrrell and Washington 
counties known as the Pocosin Lakes 
National Wildlife Refuge, in those parts of 
Anson and Richmond counties known as the 
Pee Dee National Wildlife Refuge, and in that 
part of Currituck County known as the 
Mackay Island National Wildlife R e fug e . 
Refuge; 

(F) Monday of Thanksgiving week through the 
Fifth Saturday after Thanksgiving Dav in all 
of Cleveland. Gaston. Lincoln, and 
Rutherford counties. 

(2) Deer of Either Sex. Except on Game Lands, deer of 

either sex may be taken during the open seasons and 

in the counties and portions of counties listed in this 

Subparagraph (S ee lOD .0003 (See lOD .0103 for 

either sex seasons on Game Lands): 

(A) The open either-sex deer hunting dates 

established by the U.S. Fish and Wildlife 

Service during the period from the Monday 

on or nearest September 10 through January 1 



in those parts of Camden. Gates and 
Pasquotank counties known as the Dismal 
Swamp National Wildlife Refuge, in those 
parts of Hyde. Tyrrell and Washington 
counties known as the Pocosin Lakes 
National Wildif e Wildlife Refuge, in those 
parts of Anson and Richmond counties 
known as the Pee Dee National Wildlife 
Refuge, and in that part of Currituck County 
known as the Mackay Island National 
Wildlife Refuge. 

(B) The open either-sex deer hunting dates 
established by the appropriate military 
commands during the period from Monda\ on 
or nearest October 15 through Januar> 1 in 
that part of Brunswick County known as the 
Sunny Point Military Ocean Terminal, in that 
part of Craven Count>' known and marked as 
Cherry Point Marine Base, in that part of 
Onslow County known and marked as the 
Camp Lejeune Marine Base, on Fort Bragg 
Military Reservation, and on Camp Mackall 
Military Reservation. 

(C) First Saturday in October for youth either sex 
deer hunting by permit only on a portion of 
Belews Creek Steam Station in Stokes County 
designated by agents of the Commission. 

(D) The last open day of the Deer w ith Visible 
Antlers season described in Subparagraph 
(b)(1) of this Rule in all of Buncombe, 
Hay-wood, Henderson. Madison. Mitchell. 
Polk. Transylvania, and Yancey counties and 
the following parts of counties: 

Avery: That part south of the Blue Ridge 

Parkway. 

Robeson: That part west of 1-95. 

Scotland: That part south of US 74. 

(E) The last six open days of the Deer With 
Visible Antlers season described in 
Subparagraph (b)(1) of this Rule in all of 
Burke. Caldwell. Catawba. Gaston. Lincoln. 
McDowell, and Watauga and the following 
parts of counties: 

Camden: That part south of US 158. 

Dare: Except the Outer Banks north of 

Whalebone. 

(F) The first six open days and the last six open 
da> s of the Deer with Visible Antlers season 
described in Subparagraph (b)(1) of this Rule 
in all of Carteret. Cleveland. Harnett. Hoke, 
Pamlico, Richmond, Rutherford, counties and 
in the following parts of counties: 
Columbus: That part west of US 74, SR 
1005, and SR 1125. 

Cumberland: That part west of 1-95. 
Moore: All of the counts except that part 
north of NC 211 and west of US 1. 
Robeson: That part east of 1-95. 



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Scotland: That part north of US 74. 

(G) The first six open days, open days the week 
of Thanksgiving, and the last six open days of 
the Deer with Visible Antlers season 
described in Subparagraph (b)( 1 ) of this Rule 
in all of Greene. Pasquotank, Tyrrell. Wayne 
and Wilson counties and in the following 
parts of counties: 

Camden: That part north of US 158. 
Chowan: That part north of US 17 and west 
ofNC32. 

Currituck: All of the county except the Outer 
Banks. 

Nash: That part south of US 61. NC 97, 
Johnston: That part north of US 70 or west 
of 1-95. 

In addition, one anterless deer may be taken 
anytime during the Deer With Visible Antlers 
season in the counties listed in this part. 

(H) All the open days of the Deer With Visible 
Antlers season described in Subparagraph 
(b)(1) of this Rule in all of Alamance. 
Alexander. Alleghany. Anson, Ashe, 
Beaufort, Bertie. Bladen. Brunswick, 
Caswell. Chatham. Craven, 
Davie, Duplin, Durham, 
Forsyth, Franklin, Gates, 
Granville, Guilford. Halifax. Hertford. Hyde. 
Iredell. Jones. Lee. Lenoir. Martin, 
Mecklenburg. Montgomery. New Hanover, 
Onslow, Orange. Pender, 
Person, Pitt, Randolph, 
Rowan, Sampson. Stanly, 
Union. Vance. Wake. Warren, 
Washington, Wilkes and Yadkin counties, 
and in the following parts of counties: 
Buncombe: that That part east of NC 191, 
south of the French Broad and Svvannanoa 
Rivers, west of US 25, and north of SR 3503, 
NC M6 and SR 3501. NC 280. 
Chowan: That part south of US 1 7 or east of 
NC32. 

Columbus: That part east of a line formed by 
US74, SR 1005. and SR 1125. 
Cumberland: that That part east of 1-95. 
Dare: That part of the Outer Banks north of 
Whalebone. 

Henderson: That part east of NC 191 and 
north and west of NC 280. 
Johnston: That part south of US 70 and east 
of 1-95. 

Moore: that That part north of NC 211 and 
west of US 1. 

Nash: That part north of yS-64T NC 97. 
(c) Open Seasons (Bow and Arrow): 
(1) Authorization. Subject to the restrictions set out in 

Subparagraph (2) of this Paragraph and the bag 

limits set out in Paragraph (e) of this Rule, deer of 



Cabarrus. 
Davidson, 
Edgecombe. 



Northampton, 
Perquimans. 
Rockingham. 
Stokes. Surrv', 



either sex may be taken with bow and arrow during 
the following seasons: 

(A) Monday on or nearest September 10 to the 
fourth Saturday thereafter in the counties and 
parts of counties having the open season for 
Deer With Visible Antlers specified by Part 
(A) of Subparagraph (b)(1) of this Rule, 
except on the Sandhills Game Land and the 
area known as the Outer Banks in Currituck 
County. 

(B) Monday on or nearest September 10 to the 
second Saturday before Thanksgiving in the 
counties and parts of counties having the 
open seasons for Deer With Visible Antlers 
specified by Part (B) of Subparagraph (b)(1) 
of this Rul e . Rule and in Gaston and Lincoln 
counties. 

(C) Monday on or nearest September 10 to the 
fourth Saturday thereafter, and Monday on or 
nearest October 15 to the Saturday before 
Thanksgiving in the counties and parts of 
counties having the open seasons for Deer 
With Visible Antlers specified by Part (C) of 
Subparagraph (b)( 1 ) of this Rul e . Rule and m 
Cleveland and Rutherford counties. 

(D) Monday on or nearest September 10 to the 
third Saturday before Thanksgiving in the 
counties and parts of counties having the 
open season for Deer With Visible Antlers 
specified by Part (D) of Subparagraph (b)( 1 ) 
of this Rule, and on Sandhills Game Land. 

(2) Restrictions: 

(A) Dogs may not be used for hunting deer during 
the bow and arrow season. 

(B) It is unlawful to carry any type of firearm 
while hunting with a bow during the bow and 
arrow deer hunting season. 

(C) Only bows and arrows of the types authorized 
in I5A NCAC lOB .01 16 for taking deer may 
be used during the bow and arrow deer 
hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns): 
( 1 ) Authorization. Subject to the restrictions set out in 
Subparagraph (2) of this Paragraph, deer may be 
taken only with muzzle-loading firearms (except that 
bow and arrow may be used on designated and 
posted game land Archery Zones) during the 
following seasons: 

(A) Monday on or nearest October 8 to the 
following Saturday in Cleveland and 
Rutherford counties and in the counties and 
parts of counties having the open seasons for 
Deer With Visible Antlers specified by Parts 
(A) and (C) of Subparagraph (b)(1) of this 
Rule, except on Sandhills Game Land and the 
area known as the Outer Banks in Currituck 
County. 



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(B) Monda> to Saturday of the week preceding 
Thanksgiving week in the counties and parts 
of coun;ies having the open seasons for Deer 
With \ isible Antlers specified by Part (B) of 
Subparagraph (b)( 1 ) of this Rul e . Rule and m 
Gaston and Lincoln counties. 

(C) Monday to Saturday of the second week 
before Thanksgiving week in the counties and 
parts of counties having the open season for 
Deer With Visible Antlers specified by Part 
(D) of Subparagraph (b)( 1 ) of this Rule, and 
on Sandhills Game Land. 

(2) Restrictions: 

(A) Deer of either sex may be taken during 
muzzle-loading firearms season in and east of 
the following counties: Rutherford. 
McDowell. Burke, Caldwell, Wilkes, and 
Ashe. Deer of either sex may be taken on the 
last day of muzzle-loading firearms season in 
all other counties. 

(B) Dogs shall not be used for hunting deer 
during the muzzle-loading firearms seasons. 

(C) Pistols shall not be carried while hunting deer 
during the muzzle-loading firearms seasons. 

(e) The daily bag limit shall be two and the possession limit 
six, two of which shall be antlerless. The season limit shall be 
six. twc. of which shall be antlerless. Antlerless deer include 
males with knobs or buttons covered b) skin or velvet as 
distinguished from spikes protruding through the skin. The 
antlei ess bag limits described above do not apply to antlerless 
deer harvested in areas covered in the Deer Management 
Assistance Program as described in G.S. 11 3-291. 2(e). 
Individual daily antlerless bag limits on these areas shall be 
determined b\ the number of special tags, issued by the 
D vision of Wildlife Management as authorized b\ the 
Executive Director, that shall be in the possession of the 
hunter. Season antlerless bag limits shall be set by the number 
of tags available. All antlerless deer harvested on these areas, 
regardless of the date of harvest, shall be tagged with these 
special tags but do not have to be tagg e d with Big Gam e Tags 
the hunter does not have to validate the Bjg Game Harvest 
Report Card provided with the hunting license. 

(f) Kill Reports. The kill shall be validated at the site of kill 
Th e carcass of e ach d e er shall b e tagg e d and the kill reported 
as provided by 15A NCAC lOB .0111 

HistoiyNote: Authorin- G.S. 113-134: 113-2^0.3: 

113-276.1: 11 3-291.1: 113-291.2: 

Eff. Febniaiy 1. 1976: 

.Amended Eff. July 1. 1998: July 1. 199^: July 1. 1996. July I. 

1995: December 1. 1994: July 1. 1994: July 1. 1993: 

Temporan' Amendment Eff. July 1^ 1999. 

.0205 RACCOON AND OPOSSUM 

(a) Open S e asons: Season: 
f4^ Sunrise Monday on or nearest October 1 5 to .lanuary ^ 
31 in and west of Stok e s. For s ylh, Davi e , Iredell, 



M e ckl e nburg and Union Counti e s; the last day of 
Februan,. except as follows: 
(A) yj There is no open season for hunting raccoon 
or opossum in that part of Madison County 
lying north of the French Broad River, south 
of US 25-70 and west of SR 1 3 1 9. 
fB) (2j Raccoon and opossum may be hunted only 
from sunset Friday until sunrise Saturday and 
from sunset Saturday until 12:00 midnight 
Saturday in that part of Cherokee County 
north of US 64 and NC 294, east of 
Persimmon Creek and Hiwassee Lake, south 
of Hiwassee Lake, and west of Nottely River. 
kQ) tlj Training raccoon and opossum dogs is 
prohibited from March 1 to the Monday on or 
nearest October 15 in the following parts of 
counties: 
(+4 (AJ Cherokee: That part north of US 64 
and NC 294, east of Persimmon Creek 
and Hiwassee Lake, south of Hiwassee 
Lake, and west of Nottely River. 
{yi) (BJ Madison: That part north of the 
French Broad River, south of US 
25-70, and west of SR 1319. 
(-&) MJ Training raccoon and opossum dogs at night 
is prohibited from April 1 through August 1 5 
in Caldwell and Rutherford Counties. 

(5^ Sunris e Monday on or n e ar e st Octob e r 22 to th e la s t 

day of F e bruar\, in and e ast of Rockingham, 
Guilford, David s on, Rowan. Cabarrus. Stanly and 
An s on Counti e s. 
(b) Bag Limits 

( 1 ) Raccoon: Daily, one per individual to a maximum 
of two per hunting party; possession, two; season. 
20, except that in and east of Rockingham, Guilford, 
Randolph, Montgomery and Anson counties the 
limits are: daily, three; possession, six; season, 30. 
The field possession limit while hunting is the same 
as the applicable daily limit. 

(2) Opossum: No restriction. 

Note: See 15A NCAC lOB .0111 prohibiting axes, saws 
and shooting in certain western counties. 

HistoiyNote: Authority G.S. 113-134: 11 3-291.2: 

Eff. February 1. 19-6: 

Amended Eff. July 1. 1995: July 1. 198'': July 1, 1986: July 1. 

1985: 

Temporary Amendment Eff. July ]_^ 1999. 

.0209 WILD TURKEY (BEARDED TURKEYS 
ONLY) 

(a) Open Season for wild turkey shall be from the: Second 
Saturda\ in April to Saturday of the fourth week thereafter on 
bearded turkeys in the following counties: Alamance, 
Alexander, Alleghany, Anson, Ashe, Avery, **Bladen, 
Buncombe, Burke, Caldwell, Caswell, Catawba. **Chatham, 
Cherokee. Chowan. Cla\. Cleveland. Craven. Davie. Duplin. 
**Durham. Edeecombe. ForsMh. Gaston. Gates. Graham. 



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**Granville, Halifax, Harnett, Haywood, Henderson, Hertford, 
Jackson, Jones, Lee, Lenoir, Lincoln, Macon, Madison, 
McDowell, Mitchell, Montgomery, Northampton, Onslow, 
**Orange, Person, Polk, **Richmond, Rockingham, 
Rutherford, **Scotland, Stokes, Surry, Swain. Transylvania, 
Vance, Washington, Warren, Watauga, Wilkes, Yadkin, 
Yancey and in the following portions of counties: 

Anson: That part east of US 52 and north of US lA 

and that part e ast of NC 115 and sou th of US 7 4 . 

Beaufort: That part south of the Pamlico River and 

east of US 17. 

**Bertie: All of the county except that part bounded 

on the west by NC XL, on the south by NC 308, on 

the east by NC 45^ and on the north by NC 42 and 

the Hertford County line, s outh of NC 4 2, w e st of 

NC 4 5, north ofNC 30 8 , and e ast of US 13. 

Brunswick: That part west of NC 211 and that part 

east of NC 87. 

Cabarrus: That part south of 1-85, east of US 601 

Business, and north of NC 49. 

Camden: That part west of US 17. 

Carteret: That part west of US 70 and north of NC 

24. 

Chowan: That part south of US 17. 

Columbus: That part north of NC 87 and that part 

east of NC 905 and south of NC 130. 

Craven: All of th e county e xc e pt that part w e st of 

US 17 and north of NC 11 8 . 

Cumberland: That part west of NC 53 or 1-95. 

Currituck: That part north of US 158 and west of 

the Intracoastal Waterway. 

Davidson: That part south of 1-85. 

Franklin: All of the county except that part north of 

the Tar River and west of US 401. 

Guilford: That part north of 1-40. 

Hoke: That part south and west of NC 21 1 and that 

part known as Fort Bragg. 

Hyde: Starting at the Tyrrell County line, that part 

west of a line formed by NC 94, US 264 West, 

SRI 124 to Judges Quarter then Quarter Canal to 

Juniper Bay. 

Iredell: That part north of US 70. 

Johnston: That part east of 1-95. 

**Martin: All of the county except that part west of 

US 17 and south of US 64.' 

**Moore: That part south of NC 344 211, that part 

north of NC 24/27, and that part known as Fort 

Bragg. 

Nash: All of the county except that part east of NC 

581 and south of US 64. 

New Hanover: Starting at the Brunswick County 

line, that part north and west of a line formed by 

NC-l33andSR 1002. 

Pamlico: That part west of NC 306. 

**Pender: All of the county except that part west of 

1-40, north of NC 53. and east of US 421. 

Perquimans: That part west of th e Perquimans 

Riv e r and south of SR 1110 and US 17 Busin e ss. 



All of the county excepi that part south of US JJ 

and east of the Perquimar -^ River 

Randolph: That part wes; of US 220 and north of 

US 64 and that part west of US 220 and south of NC 

49. 

Robeson: That part east of 1-95 and north of US 74. 

Rowan: That part southeast of 1-85. 

Sampson: All of the county except that part east of 

NC 242, south of NC 41 1, and west of US 701. 

Stanly: That part east of a line formed by US 52 

from the Cabarrus County line to NC 138 in 

Albemarle, NC 138 from Albemarle to NC 742 in 

Oakboro, and NC 742 from Oakboro to the Union 

County line. 

Union: That part south of US 74. NC 7 4 and w es t 

ofNC207. 

**Wake: That part north of 1-40. 

Wayne: That part south of US-70 and east of US- 

1 1 7 and that part south of SR 1 007 and north of SR 

1008. 

**The Sandhills Game Land in Richmond. Scotland. 

and Moore Counties, the Bladen Lakes State Forest 

Game Lands in Bladen County, the Northeast Cape 

Fear Wetlands Game Lands in Pender County, the 

Jordan Game Land in Chatham, Durham. Orange, 

and Wake Counties, the Butner-Falls of the Neuse 

Game Land in Durham, Granville, and Wake 

Counties, and the Roanoke River Wetlands in 

Bertie, Halifax, and Martin Counties are closed to 

turkey hunting except by holders of special permits 

authorizing turkey hunting as provided in G.S. 

Il3-264(d). 

(b) Bag Limits shall be: 

( 1 ) daily, one: 

(2) possession, two; 

(3) season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs for hunting 
turkeys. 

(d) Kill Reports. The carcass of each wild turkey shall be 
tagged and the kill reported as provided by 15A NCAC lOB 
.01113. 

Histor\' Note: Authority G.S. 113-134; 113-270.3: 

113-276.1: 113-291.2; 

Eff. Febnian' I. 1976; 

Amended Eff. July 1. 1998; July 1. 199^; July 1. 1996: July 1. 

1995: July 1. 1994; July 1. 1993: July 1. 1992; 

Temporary Amendment Eff. July 1_^ 1999. 

.0212 FOXES (GRAY AND RED) 

(a) Seasons. 

( 1 ) There shall be no closed season on taking foxes with 
dogs: 

(2) Foxes may be taken with weapons or traps the first 
to fourth Saturday in January in the following 
counties: 



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Brunswick 


Henderson 


Stokes 


Caswell 


Johnston 


Tyrrell 


Clay 


Macon 




Graham 


Sampson 





(3) Foxes may be taken the Saturday next preceding 
Thanksgiving through Januar> 1 b\ bow and arrow 
in all areas of the State east of Interstate Highway 77 
and in Mitchell County, 
(b) Bag Limit. 

( 1 ) Except in areas of open season for taking foxes with 
weapons or traps, foxes ma> not be intentionally 
killed by any method; 

(2) In areas of open season set by the North Carolina 
Wildlife Resources Commission in Subparagraph 
(a)(2) of this Rule for taking foxes with weapons or 
traps the season harvest in each county is limited to 
the number of tags allotted for that county. Each 
fox must be immediately tagged at the scene of 
taking with tag previously obtained as provided by 
15ANCAC 1 OB .0403(d)'; 

(3) In areas of open season in all areas east of Interstate 
Highway 77 as set by the Legislature and in 
Subparagraph (a)(3) of this Rule, the following bag 
limit applies: Daily, two; season, ten. 

Note: Where local laws governing the taking of foxes conflict 
with these Regulations, the local laws shall prevail. 



(1) It is unlawful to trap or take otter in and west of 
Stokes. Forsyth. Davie, Iredell, and Mecklenburg 
Counties. 

(2) It is unlawful to set steel traps for muskrat or mink 
in and west of Surry, Wilkes, Alexander. Catawba. 
Burke and Cleveland Counties except in or adjacent 
to the waters of lakes, streams or ponds. 

(3) It is unlawful to trap raccoon in Yadkin County and 
in and west of Surry, Wilkes. Alexander. Catawba. 
Lincoln and Gaston Counties. 

Note: See 15A NCAC lOD .0002(0 .0102(f) for other 
trapping restrictions on game lands. 

History Note: Authority- G.S. 113-134: 113-291.1: 

113-291.2: 

Eff. Fehruan- I. 1976: 

Amended Eff. July 1. 1996: July 1. 1984: July 1. 1983: August 

1. 1982: August 1. 1981: 

TemporaiT Amendment Eff. July ]_^ 1999. 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 



History Note: Temporary Amendment Eff. November 1 . 

1989:' 

Authority G.S. 113-134: 113-291.2: 113-291.4: 

Eff: February 1. 1976: 

Amended Eff. July 1. 1994: May 1. 1990: July 1. 198^: 

December 1. 1985: 

Temporuiy Amendment Eff. July ]_^ 1999. 

SECTION .0300 - TRAPPING 

.0302 OPEN SEASONS 

(a) General. Subject to the restrictions set out in Paragraph 
(b) of this Rule, the following seasons for taking furbearing 
animals as defined in G.S. Il3-129(7a). co\otes. and 
groundhogs shall apply as indicated, all dates being inclusive: 

(1) November 7 - February 12 in and west of Surry. 
Wilkes, Alexander. Catawba. Burke and Cleveland 
Counties. 

(2) December 15 - February 28 in and east of Hertford. 
Bertie. Martin, Pitt. Greene. Lenoir. Duplin. Pender 
and New Hanover Counties, except that in the 
marshes adjoining Currituck Sound in Currituck 
County the season is December 15 - March 12 and 
nutria may not be shot at any time (day or night) 
during the open season for migrator) waterfowl. 

(3) December I - February 20 in all other counties. 

(4) November 1 - March 3 1 statewide for beaver only. 

(b) Restrictions: 



SECTION .0200 - GENERAL REGULATIONS 

.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. The 
waters listed herein or in 15A NCAC lOD .^004 .0104 are 
designated as Public Mountain Trout Waters and further 
classified as Wild Trout Waters or Hatchery Supported 
Waters. For specific classifications, see Subparagraphs (I) 
through (6) of this Paragraph. These waters are posted and 
lists thereof are filed with the clerks of superior court of the 
counties in which they are located: 

(1) Hatchery Supported Trout Waters. The listed waters 
in the counties in Subparagraphs (l)(A)-(Y) are 
classified as Hatcherv Supported Public Mountain 
Trout Waters. Where specific watercourses or 
impoundments are listed, indentation indicates that 
the watercourse or impoundment listed is tributarx 
to the next preceding watercourse or impoundment 
listed and not so indented. This classification 
applies to the entire watercourse or impoundment 
listed except as otherwise indicated in parentheses 
following the listing. Other clarifSing information 
may also be included parenthetically. The 
tributaries of listed watercourses or impoundments 
are not included in the classification unless 
specifically set out therein. Otherwise, Wild Trout 
regulations apply to the tributaries. 
(A) Alleghany County" 
New River (not trout water) 

Little River (Whitehead to McCann Dam) 



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Crab Creek 

Brush Creek (except where posted against 

trespass) 

Big Pine Creek 

Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

South Fork New River (not trout water) 

Prather Creek 

Cranberr> Creek 

Piney Fork 

Meadow Fork 
Yadkin River (not trout water) 
Roaring River (not trout water) 
East Prong Roaring River (that portion on 
Stone Mountain State Park) Delayed Harvest 
Waters regulations apply. See Subparagraph 
(5) of Paragraph (a) of this Rule. 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to 
Sharp Dam) 

Helton Creek (Virginia State line to New 

River) [Delayed Harvest rules apply. See 

Subparagraph (5) of Paragraph (a) of this 

Rule.] 

Big Horse Creek (SR 1361 bridge to 

Tuckerdale) 

Buffalo Creek (headwaters to junction of 

NC 194-88 and SR 1131) 

Big Laurel Creek 

Three Top Creek (portion not on game 

lands) 

Hoskins Fork (Watauga County line to 

North Fork New River) 
South Fork New River (not trout waters) 

Cranberry Creek (Alleghany County line 

to South Fork New River) 

Nathans Creek 

Peak Creek (headwaters to Trout Lake, 

except Blue Ridge Parkway waters) 

Trout Lake (Delayed harvest regulations 

apply. See Subparagraph (5) of Paragraph 

(a) of this Rule.) 

Roan Creek 

North Beaver Creek 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Mill Creek (except where posted against 

trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell 
County line, except where posted against 
trespass) 

Squirrel Creek 



Elk River (SR 1306 crossing to Tennessee 
State line, including portions of tributaries on 
game lands) 

Catawba River (not trout water) 
Johns River (not trout water) 
Wilson Creek [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 

Lost Coxe Creek [not Hatchery 
Supported trout water, see 
Subparagraph (4) of Paragraph (a) of 
this Rule] 
Buck Timber Creek [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Cary Flat Branch [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Boyde Coffey Lake 
Archie Coffey Lake 
Linville River [Land Harbor line (below dam) to 
Blue Ridge Parkway boundary line, except where 
posted against trespass] 
Milltimber Creek 

(D) Buncombe County: 

French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek 
to US 19-23 bridge) 

Dillingham Creek (Comer Rock Creek to 

Big Ivy Creek) 

Stony Creek 

Mineral Creek (including portions of 

tributaries on game lands) 

Comer Rock Creek (including tributaries. 

except Walker Branch) 
Reems Creek (Sugar Camp Fork to US 19-23 
bridge, except where posted against trespass) 
Swannanoa River (SR 2702 bridge near 
Ridgecrest to Sayles Bleachery in Asheville, 
except where posted against trespass) 
Bent Creek (headwaters to N.C. Arboretum 
boundary line, including portions of 
tributaries on game lands) 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not trout water) 
Henry Fork (lower South Mountains State 
Park line downstream to SR 1919 at Ivy 
Creek) 

Jacob Fork (Shinny Creek to lower 
South Mountain State Park boundary) 
Delayed Harvest 

Regulations apply. See 

Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 



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Parks Creek (portion not on game lands 
not trout water) 

Carroll Creek (game lands portion 
above SR 1405 including tributaries) 
Linville River (game lands portion below the 
Blue Ridge Parkway including portions of 
tributaries on game lands and from first 
bridge on SR 1223 below Lake James 
powerhouse to Muddy Creek) 

(F) Caldwell Countv: 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns 
Mountain Beach dam. except where 
posted against trespass) 

Estes Mill Creek (not trout water) 
Thorps Creek (falls to NC 90 bridge) 
Mulberry Creek (portion not on game lands 
not trout water) 

Boone Fork (not Hatchery Supported trout 
water. See Subparagraph (2) of Paragraph 
(a) of this Rule) 
Boone Fork Pond 

(G) Cherokee Count): 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, 

except where posted against trespass 

including portions of tributaries on game 

lands) 

North Shoal Creek (Crane Creek) 

(headwaters to SR 132.5, including portions of 

tributaries on game lands) 

Persimmon Creek 

Davis Creek (including portions of tributaries 

on game lands) 

Bald Creek (including portions of 

tributaries on game lands) 
Beaver Dam Creek (headwaters to SR 1326 
bridge, including portions of tributaries on 
game lands) 
Valley River 

Hyatt Creek (including portions of 

tributaries on game lands) 

Webb Creek (including portions of 

tributaries on game lands) 

Junaluska Creek (Ashtum Creek to Valley 

River, including portions of tributaries on 

game lands) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek (first bridge above the lower 
game land line on US Forest Service road 442 
toSR 1300) 

Tusquitee Creek (headwaters to lower SR 
1300 bridge, including portions of Bluff 
Branch on game lands) 

Tuni Creek (including portions of 

tributaries on game lands) 



Chatuge Lake (not trout water) 

Shooting Creek (SR 1349 bridge to US 64 

bridge at SR 1338) 

Hothouse Branch (including portions of 
tributaries on gamelands) 
Vineyard Creek (including portions of 
tributaries on game lands) 
(1) Graham County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to 
Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 

Santeelah Reservoir (not trout water) 
West Buffalo Creek 

Huffman Creek (Little Buffalo 
Creek) 
Santeelah Creek (Johns Branch to 
mouth including portions of tributaries 
within this section located on game 
lands, excluding Johns Branch) 
Big Snowbird Creek (old railroad junction 
to mouth, including portions of tributaries 
on game lands) 

Mountain Creek (game lands boundary to 
SR 11 38 bridge) 

Long Creek (portion not on game 
lands) 

Tulula Creek (headwaters to lower 
bridge on SR 1275) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Stecoah Creek 
Sawyer Creek 

Panther Creek (including portions of 
tributaries on game lands) 
(J) Haywood County : 

Pigeon River (not trout water) 

Hurricane Creek (including portions of 
tributaries on game lands) 
Cold Springs Creek (including portions of 
tributaries on game lands) 
Jonathans Creek - lower (concrete bridge in 
Dellwood to Pigeon River) 
Jonathans Creek - upper [SR 1302 bridge 
(west) to SR 1307 bridge] 
Hemphill Creek 

West Fork Pigeon River (triple arch 
bridge on highway NC 215 to Champion 
International property line, including 
portions of tributaries within this section 
located on game lands, except Middle 
Prong) 
Richland Creek (Russ Avenue bridge to US 
I9A-23 bridge) Delayed Harvest Regulations 
apply. See Subparagraph (a)(5) of this Rule. 
(K) Henderson County: 



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(Rocky) Broad River (one-half mile north of 

Bat Cave to Rutherford County line) 

Green River - upper (mouth of Bobs Creek to 

mouth of Rock Creek) 

Green River - lower (Lake Summit Dam to 

Polk County lin e ) 1-26 bridge) 

Camp Creek (SR 1919 to Polk County 

line) 

(Big) Hungry River 
Little Hungr> River 
French Broad River (not trout water) 
Mills River (not trout water) 

North Fork Mills River (game lands 

portion below the Hendersonville 

watershed dam). Delayed Harvest 

Regulations apply. See Subparagraph 

(a)(5) of this Rule. 
(L) Jackson County: 

Tuckasegee River (confluence with West 
Fork Tuckasegee River to SR 1392 bridge at 
Wilmot) Delayed Harvest Regulations apply 
to that portion between NC 107 bridge at 
Love Field and NC 116 bridg e at W e bst e r. 
the Dillsboro dam. See Subparagraph (a)(5) 
of this Rule. 

Scott Creek (entire stream, except where 
posted against trespass) 

Dark Ridge Creek (Jones Creek to Scotts 

Creek) 

Buff Creek (SR 1457 bridge below Bill 

Johnson's place to Scott Creek) 
Savannah Creek (Headwaters to Bradley's 
Packing House on NC 116) 

Greens Creek (Greens Creek Baptist 

Church on SR 1 730 to Savannah Creek) 
Cullowhee Creek (Til ley Creek to Tuckasegee 
River) 

Bear Creek Lake 

Wolf Creek [not Hatchery Supported trout 
water, see Subparagraph (2) of Paragraph (a) 
of this Rule] 

Wolf Creek Lake 

Balsam Lake 
Tanasee Creek [not Hatcher>' Supported trout 
water, see Subparagraph (2) of Paragraph (a) 
of this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to 
existing water level of Little Glenville Lake) 

Shoal Creek (Glenville Reservoir pipeline 

to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain 
County line) Delayed Harvest Regulations 
apply to the portion from Whiteoak Creek to 
the Nantahala Power and Light powerhouse 



discharge canal. See Subparagraph (a)(5) of 
this Rule. 

Queens Creek Lake 

Bumingtown Creek (including portions of 
tributaries on game lands) 
Cullasaja River (Sequoah Dam to US 64 
bridge near junction of SR 1672, including 
portions of tributaries on game lands, 
excluding those portions of Big Buck Creek 
and Turtle Pond Creek on game lands. Wild 
trout regulations apply. See Subparagraphs 
(2) and (6) of Paragraph (a) of this Rule.) 
Ellijay Creek (except where posted against 
trespass, including portions of tributaries 
on game lands) 
Skitty Creek 

Cliffside Lake 
Cartoogechaye Creek (US 64 bridge to 
Little Tennessee River) 
Tessentee Creek (Nichols Branch to Little 
Tennessee River, except where posted 
against trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to Georgia State 
line, including portions of tributaries 
within this Section located on game lands) 
(N) Madison County : 

French Broad River (not trout water) 

Shut-in Creek (including portions of 

tributaries on game lands) 

Spring Creek Qunction of NC 209 and NC 63 

to lower US Forest Service boundary line. 

including portions of tributaries on game 

lands) 

Meadow Fork Creek 

Roaring Fork (including portions of 
tributaries on game lands) 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed 
boundary' to Rice's Mill Dam) 
Big Laurel Creek (NC 208 bridge to US 25- 
70 bridge) Delayed Harvest Regulations 
apply. See Subparagraph (a)(5) of this Rule. 
Shelton Laurel Creek (headwaters to NC 
208 bridge) 

Shelton Laurel Creek (NC 208 bridge at 
Belva to the confluence with Big Laurel 
Creek) Delayed Harvest Regulations 
apply. See Subparagraph (a)(5) of this 
Rule. 

Big Creek (headwaters to lower game 

land boundan., including tributaries) 

Mill Creek 

Big Pine Creek 

Puncheon Fork (Hampton Creek to Big 

Laurel Creek) 



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(O) McDowell County: 

Catawba River (portion not on game lands, not 
trout water) 

Buck Creek (portion not on game lands, not 
trout water) 

Little Buck Creek (game land portion 

including portions of tributaries on game 

lands) 
Curtis Creek (Newberry Creek to US 70 
bridge) 

North Fork Catawba River (headwaters to SR 
1569 bridge) 

Armstrong Creek (Cato Holler line 

downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to U.S. 70 
Bridge, except where posted against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 

Big Rock Creek (headwaters to NC 226 
bridge at SR 1307 intersection) 

Little Rock Creek (Green Creek Bridge to 

Big Rock Creek, except where posted 

against trespass) 
Cane Creek (SR 1219 to Nolichucky Riv e r) 
NC 226 bridge) 

Cane Creek (NC 226 bridge to NC 80 bridge) 
Delayed Harvest Regulations apply. See 
Subparagraph (a)(5) of this Rule. 
Grassy Creek (East Fork Grassy Creek to 
mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 
1121 bridge) 
(0) Polk County : 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 108 
bridge) 

Fork Creek (Fork Creek Church on SR 

1 100 to North Pacolet River) 

Big Fall Creek (portion above and below 

water supply reservoir) 
Green River (H e nd e rson County lin e (Fishtop 
Falls Access Area to mouth of Brights Creek) 

Little Cove Creek (including portions of 

tributaries on game lands) 

Cove Creek (including portions of 

tributaries on game lands) 

Camp Creek [Henderson County line (top 

of falls) to Green River] 

Fulloms Creek (SR 1154 to Green River, 

including portions of tributaries on game 

lands) 
(R) Rutherford County: 

(Rocky) Broad River (Henderson County line 
to US 64/74 bridge, except where posted 
against trespass) 
(S) Stokes County: 



Dan River (SR 1416 bridge downstream to a 
point 200 yards below the end of SR 142 1 ) 
(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to the 
Business US 52 bridge) Delayed Harvest 
regulations apply. See Subparagraph (5) of 
Paragraph (a) of this Rule. 

Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to 0.3 
mile below SR 1625 bridge - lower 
Caudle property line) 
Fisher River (Cooper Creek) (Virginia 
State line to NC 89 bridge) 

Little Fisher River (Virginia State 
line to NC 89 bridge) 
Mitchell River (0.6 mile upstream of the end 
of SR 1333 to kapps Mill Dam) Delayed 
Harvest Regulations apply. See 

Subparagraph (5) of Paragraph (a) of this 
Rule. 
(U) Swain County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to 
Tennessee State line) 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Alarka Creek 

Nantahala River (Macon County line to 
existing Fontana Reservoir water level) 
Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains 
National Park boundary line to 
Tuckasegee River) 

Connelly Creek (including portions of 
tributaries on game lands) 
(V) Transylvania County : 

French Broad River (^junction of v\est and north 
forks to US 276 bridge) 

Davidson River (Avery Creek to Ecusta 
intake) 

East Fork French Broad River (Glady Fork to 
French Broad River) 
Middle Fork French Broad River 
West Fork French Broad River (SR 1312 and 
SR 1309 intersection to junction of west and 
north forks, including portions of tributaries 
within this section located on game lands) 
(W) Watauga County: 

New River (not trout waters) 

North Fork New River (from confluence with 
Maine and Mine branches to Ashe County 
line) 

Maine Branch (headwaters to North Fork 
New River) 

South Fork New River (not trout water) 
Meat Camp Creek 
Norris Fork Creek 



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Howards Creek (downstream from lower 
falls) 
Middle Fork New River (Lake Chetola Dam 
to South Fork New River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes County 
line) 

Elk Creek (headwaters to gravel pit on SR 
1508, except where posted against trespass) 
Watauga River (SR 155Q at Fo s co e downstr e am 
to NC 105 bridg e ) (Confluence of Boone Fork 
and Watauga River to NC 105 bridge) Delayed 
Harvest Regulations apply. See Subparagraph 
(5) of Paragraph (a) of this Rule. 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 
1233 bridge at Amantha) 

Dutch Creek (second bridge on SR 1134 to 
mouth) 

Boone Fork (headwaters to SR 1562) 
(X) Wilkes County; 

Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (Bullhead Creek 
to Brewer's Mill on SR 1943) (Delayed 
harvest regulations apply to portion on 
Stone Mountain State Park) See 
Subparagraph (5) of Paragraph (a) of this 
Rule. 

Stone Mountain Creek (Delayed 
Harvest Regulations apply. See 
Subparagraph (5) of Paragraph (a) of 
this Rule.) 
Middle Prong Roaring River (headwaters to 
second bridge on SR 1736) 
Bell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear Prong) 
(headwaters to bridge on SR 1 580) 

South Fork Reddies River (headwaters 
to confluence with Middle Fork 
Reddies River) 

North Fork Reddies River (Vannoy 
Creek) (headwaters to Union School 
bridge on SR 1559) 

Darnell Creek (North Prong 
Reddies River) (downstream ford 
on SR 1569 to confluence with 
North Fork Reddies River) 
Lewis Fork Creek (not trout water) 



South Prong Lewis Fork (headwaters to 
Lewis Fork Baptist Church) 

Fall Creek (except portions posted against 
trespass) 
(Y) Yancey County: 

Nolichucky River (not trout water) 

Cane River [Bee Branch (SR 1110) to 
Bowlens Creek] 

Bald Mountain Creek (except portions posted 
against trespass) 

Indian Creek (not trout water) 

Price Creek (^junction of SR 1 120 and 
SR 1121 to Indian Creek) 
North Toe River (not trout water) 
South Toe River (Clear Creek to lower 
boundary line of Yancey County recreation 
park except where posted against trespass) 
(2) Wild Trout Waters. All waters designated as Public 
Mountain Trout Waters on the game lands listed in 
Subparagraph (b)(2) of 15A NCAC lOD .0004. 
.0104. are classified as Wild Trout Waters unless 
specifically classified otherwise in (A)(1) of this 
Rule. The trout waters listed in this Subparagraph 
are also classified as Wild Trout Waters. 

(A) Alleghany County: 

Big Sandy Creek (portion on Stone Mountain 

State Park) 

Ramey Creek (entire stream) 

Stone Mountain Creek (that portion on Stone 

Mountain State Park) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line to SR 1361 
bridge) Catch and Release/Artificial Lures Only 
Regulations apply. See Subparagraph (a)(3) of 
this Rule. 

Unnamed tributar\ of Three Top Creek (portion 
located on Three Top Mountain Game Land) 
Catch and Release/Artificial Lures Onl\ 
Regulations apply. See Subparagraph (a)(3) of 
this Rule. 

(C) Avery County: 
Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Gragg Prong (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Plumtree Creek (entire stream) 
Roaring Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 
Webb Prong (entire stream) 

Wilson Creek (Catch and Release/Artificial 
Lures Only Regulations apply. See 

Subparagraph (a)(3) of this Rule.) 

(D) Buncombe County: 



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TEMPORAR Y RULES 



Carter Creek (game land portion) (Catch and 
Release/Artificial Lures only regulations apply. 
See Subparagraph (3) of Paragraph (a) of this 
Rule.) 

(E) Burke County : 

All waters located on South Mountain State Park, 
except the main stream of Jacob Fork between 
the mouth of Shinny Creek and the lower park 
boundary where delayed harvest regulations, and 
Henry Fork and tributaries where catch and 
release/artificial lures only regulations apply. 
See Subparagraphs (3) and (5) of Paragraph (a) 
of this Rule. 
Nettle Branch (game land portion) 

(F) Caldwell County: 

Buffalo Creek (Watauga County line to Long 

Ridge Branch) 

Joes Creek (Watauga County line to first falls 

upstream of the end of SR 1574) 

Rockhouse Creek (entire stream) 

(G) Graham County: 

South Fork Squally Creek (entire stream) 
Squally Creek (entire stream) 
(H) Henderson Counts : 

Green River (1-26 bridge to Henderson/Polk 
County line) 
(I) (H) Jackson County: 

Gage Creek (entire stream) 
North Fork Scott Creek (entire stream) 
Tanasee Creek (entire stream) 
Whitewater River (downstream from Silver Run 
Creek to South Carolina State line) 
Wolf Creek (entire stream, except Balsam Lake 
and Wolf Creek Lake) 
(J) (-B Madison County: 

Spillcom Creek (entire stream) [Wild 
Trout/Natural Bait Waters regulations apply. See 
Subparagraph (6) of Paragraph (a) of this Rule.] 
(K) (J) Mitchell County- 
Green Creek (headwaters to Green Creek Bridge, 
except where posted against trespass) 
Little Rock Creek (headwaters to Green Creek 
Bridge, including all tributaries, except where 
posted against trespass) 
Wiles Creek (game land boundary to mouth) 
(L) Polk county 

Green River (Henderson County line to Fishtop 
Falls Access Area) 
(M) (K) Transylvania County: 

Whitewater River (downstream from Silver Run 
Creek to South Carolina State line) 
(N) fM Watauga County: 
Boone Fork (Blu e R i dg e Parkway boundary lin e to 
Watauga River) [Catch and Releas e Fly Fi s hing Only 
r e gulations apply. S ee Subparagraph (1) of Paragraph 
(a) of this Rule.] 

Dutch Cr e ek (headwat e rs to s e cond bridg e on SR 



Dutch Creek (headwaters to second bridge on SR 

1134) 

Howards Cr ee k (h e adwat e rs to low e r falls) 

Howards Creek (headwaters to lower falls) 

Watauga Riv e r (Av e ry County lin e to SR 1559) 

Watauga River (Avery County line to SR 1 580) 
(O) (JVB Wilkes County: 

Big Sand) Creek (portion on Stone Mountain 
State Park) 

Garden Creek (portion on Stone Mountain State 
Park) 

Harris Creek and tributaries [portions on Stone 
Mountain State Park) [Catch and Release 
Artificial Lures Only regulations apply. See 
Subparagraph (4) of Paragraph (a) of this Rule.] 
Widow Creek (portion on Stone Mountain State 
Park) 
£PJ (N) Yancey County: 

Lickskillet Creek (entire stream) 
Middle Creek (game land boundary to mouth) 
Rock Creek (game land boundary to mouth) 
South Toe River (game land boundary 
downstream to Clear Creek) 

(3) Catch and Release/Artificial Lures Only Trout 
Waters. Those portions of designated wild trout 
waters as listed in this Subparagraph, including 
tributaries except as noted, are further classified as 
Catch and Release/Artificial Lures Only waters. 
Only artificial lures having one single hook may be 
used. No fish may be harvested or be in possession 
while fishing these streams: 

(A) Ashe County: 

Big Horse Creek (Virginia State line to SR 1361 
bridge excluding tributaries) 
Unnamed tributar\' of Three Top Creek (portion 
located on Three Top Mountain Game Lands) 

(B) Avery County: 

Wilson Creek (game land portion) 

(C) Buncombe County: 

Carter Creek (game land portion) 

(D) Burke County: 

Henry Fork (portion on South Mountains State 
Park) 

(E) Jackson County: 
Flat Creek 

Tuckasegee River (upstream of Clarke property) 

(F) McDowell County: 
Newberry Creek (game land portion) 

(G) Wilkes County: 

Harris Creek (portion on Stone Mountain State 
Park) 
(H) Yancey County: 
Lower Creek 
Upper Creek 

(4) Catch and Release/ Artificial Flies Only Trout 
Waters. Those portions of designated wild trout 
waters as listed in this Subparagraph, including 
tributaries except as noted, are further classified as 



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1680 



TEMPOJt4R Y RULES 



Catch and Release/Fly Fishing Only waters. Only 
artificial flies having one single hook ma> be used. 
No fish may be harvested or be in possession while 
fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, excluding 
Gragg Prong and Rockhouse Creek) 

(B) Transylvania Countv: 

Davidson River (headwaters to Avery Creek, 
excluding Aver\ Creek. Looking Glass Creek 
and Grogan Creek) 

(C4 Watauga County : 

Boon e — Fofk — (portion — b e tw ee n — Bhie — Ridg e 
Parkway boundary and th e Watauga Riv e r) 
(C) (©) Yancey County : 

South Toe River (portion from the concrete 

bridge above Black Mountain Campgroup 

downstream to game land boundary, excluding 

Camp Creek and Big Lost Cove Creek) 

(5) Delayed Harvest Trout Waters. Those portions of 

designated Hatchery Supported Trout Waters as 

listed in this Subparagraph, excluding tributaries 

except as noted, are further classified as Delayed 

Harvest Waters. Between 1 October and one-half 

hour after sunset on the Friday before the first 

Saturday of the following June, inclusive, it is 

unlawful to possess natural bait and only artificial 

lures with one single hook may be used. No fish 

may be harvested or be in possession while fishing 

these streams during this time. These waters are 

closed to fishing between one-half hour after sunset 

on the Friday before the first Saturday in June and 

6:00 a.m. on the first Saturday in June. At 6:00 a.m. 

on the first Saturday in June these streams open for 

fishing under Hatchery Supported Waters rules: 

(A) Ashe County: 
Trout Lake 

Helton Creek (Virginia state line to New River) 

(B) Burke County- 
Jacob Fork (Shinny Creek to lower South 
Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge to US 19A- 
23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land portion below 
the Hendersonville watershed dam) 

(E) Jackson County : 

Tuckasegee River (NC 107 bridge at Love Field 
Downstream to NC 116 bridg e at W e b s t e r) the 
Dillsboro dam) 

(F) Macon County: 

Nantahala River (portion from Whiteoak Creek 
to the Nantahala Power and Light power house 
discharge canal) 

(G) Madison County: 

Big Laurel Creek (NC 208 bridge to the US 25- 
70 bridge) 



Shelton Laurel Creek (NC 208 bridge at Belva to 
the confiuence with Big Laurel Creek) 
(H) Mitchell County: 

Cane Creek (NC 226 bridge to NC 80 bridge) 
(I) (6) Surry County: 

Ararat River (SR 1727 downstream to Business 
US 52 bridge) 

Mitchell River (0.6 mile upstream of the end of 
SR 1333 to Kapps Mill Dam) 
(Jj iW> Watauga County: 

Watauga River (SR — 1559 bridg e at Foscoo 
down s tr e am to NC 105 bridg e ) (Confluence of 
Boone Fork and Watauga River to NC 105 
bridge) 
(K) {^) Wilkes County- 
East Prong Roaring River (from Bullhead Creek 
downstream to the Stone Mountain State Park 
lower boundary) 

Stone Mountain Creek (from falls at Allegheny 

Coimty line to confluence with East Prong 

Roaring River and Bullhead Creek in Stone 

Mountain State Park) 

(6) Wild Trout/Tslatural Bait Waters. Those portions of 

designated Wild Trout Waters as listed in this 

Subparagraph, including tributaries except as noted. 

are further classified as Wild Trout/Natural Bait 

Waters. All artificial lures and natural baits, except 

live fish, are allowed provided they are fished using 

only one single hook. The creel limit, size limit, and 

open season are the same as other Wild Trout 

Waters [see 15A NCAC IOC .0305(a)]. 

(A) Cherokee County: 

Tellico River (Fain Ford to Tennessee state line 
excluding tributaries) 

(B) Clay County: 

Buck Creek (game land portion downstream of 
US 64 bridge)" 

(C) Graham County: 
Deep Creek 

Long Creek (game land portion) 

(D) Jackson County: 

Chattooga River (SR 1100 bridge to South 
Carolina state line) 

(lower) Fowler Creek (game land portion) 
Scotsman Creek (game land portion) 

(E) Macon County : 

Chattooga River (SR 1100 bridge to South 

Carolina state line) 

Jarrett Creek (game land portion) 

Kimsey Creek 

Overflow Creek (game land portion) 

Park Creek 

Tellico Creek (game land portion) 

Turtle Pond Creek (game land portion) 

(F) Madison County: 

Spillcom Creek (entire stream, excluding 
tributaries) 

(G) Transylvania County: 



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13:19 



TEMPOR.4R Y RULES 



North Fork French Broad River (game land 
portions downstream of SR 1 326) 
Thompson River (SR 1152 to South Carolina 
state line, except where posted against trespass, 
including portions of tributaries within this 
section located on game lands) 
(b) Fishing in Trout Waters: 

( 1 ) Hatchery Supported Trout Waters. It is unlawful to 
take fish of any kind by any manner whatsoever 
from designated public mountain trout waters during 
the closed seasons for trout fishing. The seasons, 
size limits, creel limits and possession limits apply 
in all waters, whether designated or not, as public 
mountain trout waters. Except in power reservoirs 
and city water suppK reservoirs so designated, it is 
unlawful to fish in designated public mountain trout 
waters with more than one line. Night fishing is not 
allowed in most hatchery supported trout waters on 
game lands [see 15A NCAC lOD .0001(b)(1)]. 
.0l04(b)(l)1. 

(2) Wild Trout Waters. Except as otherwise provided in 
Subparagraphs (3). (4). and (6) of Paragraph (a) of 
this Rule, the following rules apply to fishing in 
wild trout waters. 



(A) Open Season. There is a year round open 
season for the licensed taking of trout. 

(B) Creel Limit. The daih creel limit is four 
trout. 

(C) Size Limit. The minimum size limit is seven 
inches. 

(D) Manner of Taking. Only artificial lures 
having only one single hook may be used. No 
person shall possess natural bait while fishing 
wild trout waters except those waters listed in 
15ANCAC IOC .0205(a)(6). 

(E) Night Fishing. Fishing on wild trout waters is 
not allowed between one-half hour after 
sunset and one-half hour before sunrise. 

Histoiy Note: Authority^ G.S. 113-134: 113-272: 113-292: 
Eff. Fehruaiy 1, 1976: 

Amended Eff. July 1. 1998: July 1. 1997: July 1. 1996: July 1. 
1995: July 1. 1994: July 1. 1993: October 1. 1992: 
Tempora)y Amendment Eff. July ]_^ 1999. 

SECTION .0300 - GAME FISH 



.0305 OPENSEASONS:CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and size limits are as 
indicated in the following table: 



GAME FISHES 

Mountain Trout: 
Wild Trout 
Waters 

Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 

Muskellunge and 
Tiger Musky 

Chain Pickerel 
(Jack) 

Walleye 



Sauger 

Black Bass: 
Largemouth 



DAILY CREEL 
LIMITS 


MINIMUM 
SIZE LIMITS 


OPEN SEASON 


4 


7 in. 


ALL YEAR 

(exc. 2) 


7 


None 


All year, except 
March 1 to 6:00 a.m 
on first Saturday 
in April 
(exc. 2) 


2 


30 in. 


ALL YEAR 


None 


None 


ALL YEAR 


8 
(exes. 8 & 9) 


None 


ALL YEAR 
(exc. 8) 


8 


15 in. 


ALL YEAR 


5 
(exc. 9) 


14 in. 

(exes. 3.7 & 10) 


ALL YEAR 
(exc. 17) 



13:19 



NORTH CAROLINA REGISTER 



April I, 1999 



1682 



TEMPORAR Y RULES 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 

Red drum (channel 
bass, red fish, 
puppy drum) 

Striped Bass 
and their hybrids 
(Morone Hybrids) 

Shad: (American 
and hickory) 

Kokanee Salmon 



5 
(exc. 9) 


12 in. 
(exes. 3, 7 & 1 


0) 


ALL YEAR 


25 


None 




ALL YEAR 


10 


12 in. 




ALL YEAR 


None 


13 in. 




ALL YEAR 


5 


18 in. 




ALL YEAR 



8 aggregate 
(exes. 1 & 5) 



1 aggregate 
(exc. 18) 



16 in. 
(exes. 1.5& 11) 



None 



None 



ALL YEAR 
(exes. 5. 13, & 15) 



ALL YEAR 

(**€t4«) (excSi 18 & 121 

ALL YEAR 



Panfishes 



NONGAME FISHES 



None 
(exes. 4, 12. & 16) 

None 
(exc. 14) 



None ALL YEAR 

(exc. 12) (exc. 4) 

None ALL YEAR 

(exc. 14) (exes. 6) 



(b) Exceptions: 

(1) In the Dan River upstream from its confluence with 
Bannister River to the Brantly Steam Plant Dam, 
and in John H. Kerr. Gaston, and Roanoke Rapids 
Reservoirs, and Lake Norman, the creel limit on 
striped bass and Morone hybrids is four in the 
aggregate and the minimum size limit is 20 inches. 

(2) In designated public mountain trout uaters the 
season for taking all species of fish is the same as 
the trout fishing season. There is no closed season 
on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upsfream from 
Nantahala Lake, and the impounded waters of power 
reservoirs and municipally-owned water supply 
reservoirs open to the public for fishing. 

(3) Bass taken from Calderwood Reservoir may be 
retained without restriction as to size limit. 

(4) On Mattamuskeet Lake, special federal regulations 
apply. 

(5) In the inland fishing waters of Cape Fear. Neuse. 
Pee-Dee. Pungo and Tar-Pamlico rivers and their 
tributaries and the Roanoke River and its tributaries, 
including the Cashie, Middle, and Eastmost rivers, 
extending upstream to the first impoundment, and 
Lake Mattamuskeet, the daily creel limit for striped 
bass and their hybrids is three fish and the minimum 
length limit is 18 inches. In the Roanoke River and 
its tributaries, including the Cashie, Middle, and 
Eastmost riv e rs from rivers, in the Tar-Pamlico 



River and jts tributaries upsfream of the Grimesland 
bridge and \n the Neuse River and its tributaries 
upstream of the NC 55 bridge in Lenoir County 
April 1 to May 31 no feh striped bass or striped 
bass hybrids between the lengths of 22 inches and 
27 inches shall be r e tain e d, retained during the 
period April I through May 31. 

(6) See 15A NCAC IOC .0407 for open seasons for 
taking nongame fishes by special devices. 

(7) The maximum combined number of black bass of all 
species that may be retained per da\ is five fish, no 
more than two of which may be smaller than the 
applicable minimum size limit. The minimum size 
limit for all species of black bass is 14 inches, with 
no exception in Lake Luke Marion in Moore 
County, in Reed\ Creek Park lakes in Mecklenburg 
County, in Lake Rim in Cumberland County, in 
Currituck Sound and tributaries north of Wright 
Memorial Bridge, in North River and tributaries in 
Currituck and Camden Counties north of a line 
between Camden Point and the end of SR 1 124, in 
High Rock Lake downstream of 1-85, in Badin Lake, 
in Falls Lake, in Lake Tiller\. in Blewett Falls Lake, 
and in the New River and its tributaries in Onslow 
County. In and west of Madison, Buncombe. 
Henderson and Polk Counties and in designated 
public mountain trout waters the minimum size limit 
is 12 inches. In B. Everett Jordan Reservoir and in 
Falls of the Neuse Reservoir, east of SR 1004, a 



1683 



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13:19 



TEMPOI14R Y RULES 



minimum size limit of 16 inches, with no exception, 
applies to largemouth bass. In Falls of N e us e 
R ese rvoir, e ast of SR 1001. and Tuckertown Lake 
no black bass between the lengths of 12 inches and 
16 inches may be retained, and the minimum size 
limit for black bass is 16 inches, except that the 
daily creel may contain two black bass of less than 
12 inches in length. In W. Kerr Scott Reservoir 
there is no minimum size limit for spotted bass. 

(8) A minimum size limit of 15 inches applies to 
walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in 
Linville River upstream from the NC 126 bridge 
above Lake James. 

(9) The creel limit for black bass and walleye taken 
from Calderwood Reservoir is 10. 

(10) The minimum size limit for all black bass, with no 
exception, is 18 inches in the following trophy bass 
lakes: 

(A) Cane Creek Lake in Union County; 

(B) Lake Thom-A-Lex in Davidson County; and 

(C) Sutton Lake in New Hanover County. 

(11) In all impounded inland waters and their tributaries, 
except those waters described in Exceptions ( 1 ) and 
(5). the daily creel limit of striped bass and their 
hybrids may include not more than two fish of 
smaller size than the minimum size limit. 

(12) In Lake Tillery. Falls Lake. High Rock Lake. Badin 
Lake. Tuckertown Lake. l,ake Hyco. Lake Ramaeur 
and Ramseur. Cane Creek Lake and the Roanoke 
River downstream of the US 17 bridge in 
Williamston and its tribuaries (including the Cashie. 
Middle and Eastmost rivers and their tributaries) a 
daily creel limit of 20 fish and a minimum size limit 
of 8 inches apply to crappie. In Lake James, a daily 
creel limit of 20 fish applies to crappie. 

(13) In designated inland fishing waters of Roanoke 
Sound. Croatan Sound. Albemarle Sound. Chowan 
River. Currituck Sound. Alligator River. 
Scuppemong River, and their tributaries (excluding 
the Roanoke River and Cashie River and their 
tributaries), striped bass fishing season, size limits 
and creel limits shall be the same as those 
established by duly adopted rules or proclamations 
of the Marine Fisheries Commission in adjacent 
joint or coastal fishing waters. 

(14) The daily creel and length limits for charmel. white, 
and blue catfish in designated urban lakes are 
provided for in 15A NCAC IOC .0401(d). 

(15) The Executive Director may. by proclamation, 
suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal 
rivers and their tributaries. It is unlawful to violate 
the provisions of any proclamation issued under this 
authority. 

(16) In the entire Lumber River from the Camp MacKall 
bridge (SR 1225. at the point where Richmond, 
Moore, Scotland, and Hoke counties join) to the 



South Carolina state line and in all public fishing 
waters east of 1-95. except Tar River Reservoir in 
Nash County, the daily creel limit for sunfish is 30 
in aggregate, no more than 12 of which shall be 
redbreast sunfish. 

(17) In Sutton Lake, no largemouth bass may be retained 
from December 1 through March 3 1 . 

(18) In the Pee Dee River downstream from the Blewett 
Falls dam. shad may be taken with special fishing 
devices without restriction to creel limits as 
provided for in 15A NCAC IOC .0404 (b) during 
the permitted special fishing device seasons 
specified in I5A NCAC IOC .0407. American and 
hickory shad taken under this Subparagraph may be 
sold as authorized under subsection IOC .0401 . 

(19) The season for taking American and hickory 
shad with dip nets and bow nets is March \_ 
through April 30, except m Pee Dee River 
downstream from Blewett Falls dam where the 
season prescribed in 15A NCAC IOC .0407 (4) 
and (75) is in effect. 

Histoiy Note: Filed as a Temporaiy Amendment Eff. 

December 1. 1994 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner: 

Filed as a Temporaiy Amendment Eff. May 1, 1991. far a 

period of 1 80 days to expire on November 1. 1991 : 

Filed as a Temporaiy .Amendment Eff. May 22, 1990. far a 

period of 1 68 days to expire on November 1, 1990: 

Filed as a Temporaiy .Amendment Eff. May 10. 1990. for a 

period of 180 days to expire on November 1. 1990: 

Authority G.S. 115-134: 113-292: 113-304: 113-305; 

Eff: Fehruaiy 1. 1976: 

Amended Eff. July 1. 1998: July I. 199^: July 1. 1996: July 1. 

1995: July 1. 1994: July 1. 1993: October 1. 1999: 

Temporaiy .Amendment Eff. November 1. 1998: 

.Amended Eff .April 1. 1999: 

Temporary Amendment Eff^. July I, 1999. 

SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME FISHES: 
PURCHASE AND SALE 

(a) Except as permitted by the rules in this Section, it is 
unlawful to take nongame fishes from the inland fishing waters 
of North Carolina in any manner other than with hook and line 
or grabbling. Nongame fishes may be taken by hook and line 
or grabbling at any time without restriction as to size limits or 
creel limits, except that no trotlines or set-hooks may be used 
in the impounded waters located on the Sandhills Game Land 
or in designated public mountain trout wat e rs, and waters, m 
\n Lake Waccamaw. trotlines or set-hooks may be used only 
from October 1 through April 30. The season for taking 
nongame fishes by other hook and line methods in designated 
public mountain trout waters shall be the same as the trout 
fishing season. 

(b) Nongame fishes, except bowfin. taken by hook and line, 
grabbling or by licensed special devices may be sold. Eels less 



NORTH CAROLINA REGISTER 



April 1, 1999 



1684 



TEMPORA RY RULES 



than six inches in length taken from inland waters may not be 
sold and possession is limited to 200 per day for bait. 

(c) Freshwater mussels may only be taken from impounded 
waters, except mussels shall not be taken in Lake Waccamaw 
and in University Lake in Orange County. 

(d) In the posted Community Fishing Program waters listed 
below it is unlawful to take channel, white or blue catfish 
(forked tail catfish) b\ means other than hook and line; the 
daily creel limit for forked tail catfish is six fish in aggregate: 

Cedarock Pond. Alamance County 
Little Park Pond. Anson County 
Lake Tomahawk, Buncombe County 
Frank Liske Park Pond. Cabarrus County 
Lake Rim. Cumberland County 
C.G. Hill Memorial Park Pond. Forsyth County 
Kemersville Lake, Forsyth County 
Winston Pond. Forsyth County 
Bur-Mil Park Ponds. Guilford County 
Oka T. Hester Pond, Guilford County 
San-Lee Park Ponds, Lee County 
Kinston Neuseway Park Pond, Lenoir County- 
Freedom Park Pond, Mecklenburg County 
Hornet's Nest Pond, Mecklenburg County 
Mc Alpine Lake, Mecklenburg County 
Lake Luke Marion, Moore County 
Lake Michael, Orange County 
River Park North Pond, Pitt County 
Big Elkin Creek, Surry County 
Apex Lake, Wake County 
Lake Crabtree, Wake County 
Shelley Lake. Wake County 
Simpkins Pond, Wake County 
Lake Toisnot, Wilson County 

Histoiy Note: Temporary Amendment Eff. December 1. 

1994:' 

Authority- G.S. 113-134: 113-2 '2: 113-292: 

Eff. February 1. 1976: 

Amended Eff. July 1. 1998: July 1. 1996: July 1. 1995: July 1. 

1994: July 1. 1993: May I. 1992: 

Temporaiy Amendment Eff. July 1_^ 1999. 

SUBCHAPTER lOD - GAME LANDS REGULATIONS 

SECTION .0100 - GAME LANDS REGULATIONS 

.0102 GENERAL REGULATIONS REGARDING 
USE 

(a) Trespass. Entry on game lands for purposes other than 
hunting, trapping or fishing shall be as authorized by the 
landowner and there shall be no removal of any plants or parts 
thereof or other materials, without the written authorization of 
the landowner. Travel is restricted, except by authorized 
personnel, to direct access from SR 2074 to the established 
waterfowl viewing stands on Cowan's Ford Waterfowl Refuge. 
The Wildlife Resources Commission ma\ designate areas on 
game lands as either an Archery Zone, Saf e ty Zon e Safety 
Zone, Restricted Firearms, or Restricted Zone. 



(1) Archery Zone. On portions of game lands posted as 
"Archery Zones" hunting is limited to bow and 
arrow hunting only. 

(2) Safety Zone. On portions of game lands posted as 
"Safety Zones" hunting is prohibited. No person 
shall hunt or discharge a firearm or bow and arrow 
within, into, or across a posted safety zone on any 
game land. 

(3) Restricted Firearms Zone. On portions of game 
lands posted as "Restricted Firearms Zones" the use 
of centerfire rifles is prohibited. 

(^ {4J Restricted Zone. Portions of game lands posted as 
"Restricted Zones" are closed to all use by the 
general public, and entry upon such an area for any 
purpose is prohibited without first having obtained 
specific written approval of such entry or use from 
an authorized agent of the Wildlife Resources 
Commission. 

(4) [SJ Establishment of Arch e ry Archery, Restricted 
Firearms, and Restricted Zones. The Commission 
shall conduct a public input meeting in the area 
where the game land is located before establishing 
any archery or restricted zone. After the input 
meeting the public comments shall be presented to 
an official Commission meeting for final 
determination. 

(b) Littering. No person shall deposit any litter, trash, 
garbage, or other refuse at any place on any game land except 
in receptacles provided for disposal of such refuse at 
designated camping and target-shooting areas. No garbage 
dumps or sanitary landfills shall be established on any game 
land by any person, firm, corporation, county or municipality, 
except as permitted by the landowner. 

(c) Possession of Hunting Devices. It is unlawful to 
possess a firearm or bow and arrow on a game land at any time 
except during the open hunting seasons or hunting days for 
game birds or game animals, other than fox, thereon unless 
said device is cased or not immediately available for use, 
provided that such devices may be possessed and used by 
persons participating in field trials on field trial areas and on 
target shooting areas designated by the landowner, and 
possessed in designated camping areas for defense of persons 
and property ; and provided further that .22 caliber pistols with 
barrels not greater than seven and one-half inches in length 
and shooting only short, long, or long rifle ammunition may be 
carried as side arms on game lands at any time other than by 
hunters during the special bow and arrow and muzzle-loading 
firearms deer hunting seasons and by individuals training dogs 
during closed season without field trial authorization. This 
Rule shall not prevent possession or use of a bow and arrow as 
a licensed special fishing device in those waters where such 
use is authorized. During the closed firearms seasons on big 
game (deer, bear, boar, wild turkey), no person shall possess a 
shotgun shell containing larger than No. 4 shot or any rifle or 
pistol larger than a .22 caliber rimfire while on a game land, 
except that shotgun shells containing any size steel or 
non-toxic shot may be used while waterfowl hunting. 
Furthermore, only shotguns with any size shot may be 



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possessed during the big game season for turkey. No person 
shall hunt with or have in possession an>' shotgun shell 
containing lead or toxic shot while hunting on ans posted 
waterfowl impoundment on any game land, or while hunting 
waterfowl on Butner-Falls of Neuse Game Land or New Hope 
Game Land, except shotgun shells containing lead buckshot 
may be used while deer hunting. 

(d) Game Lands License: Hunting and Trapping: 

( 1 ) Requirement. Except as provided in Subparagraph 
(2) of this Paragraph, any person entering upon any 
game land for the purpose of hunting, trapping, or 
participating in dog training or field trial activities 
shall have in his possession a game lands license in 
addition to the appropriate hunting or trapping 
licenses. 

(2) Exceptions: 

(A) A person under 16 years of age ma\ hunt on 
game lands on the license of his parent or 
legal guardian. 

(B) The resident and nonresident sportsman's 
licenses include game lands use privileges. 

(C) Judges and nonresidents participating in field 
trials under the circumstances set forth in 
Paragraph (e) of this Rule ma\ do so without 
the game lands license. 

(D) On the game lands described in Rule 
.OQ03( e )(2) .0103(e)(2) of this Subchapter 
Section the game lands license is required 
only for hunting doves; all other activities are 
subject to the control of the landowners. 

(e) Field Trials and Training Dogs. A person serving as 
judge of a field trial which, pursuant to a written request from 
the sponsoring organization, has been officially authorized in 
writing and scheduled for occurrence on a game land by an 
authorized representative of the Wildlife Resources 
Commission, and any nonresident participating therein may do 
so without procuring a game lands license, provided such 
nonresident has in his possession a valid hunting license issued 
b\ the state of his residence. Any individual or organization 
sponsoring a field trial on the Sandhills Field Trial grounds or 
the Laurinburg Fox Trial facility shall file with the 
commission's agent an application to use the area and facility 
accompanied by the facility use fee computed at the rate of one 
hundred dollars ($100.00) for each scheduled day of the trial. 
The total facility use fee shall cover the period from 12:00 
noon of the day preceding the first scheduled day of the trial to 
10:00 a.m. of the day following the last scheduled day of the 
trial. The facility use fee shall be paid for all intermediate 
days on which for any reason trials are not run but the building 
or facilities are used or occupied. A fee of twenty -five dollars 
($25.00) per day shall be charged to sporting, educational, or 
scouting groups for scheduled events utilizing the club house 
only. No person or group of persons or any other entity shall 
enter or use in any manner any of the physical facilities located 
on the Laurinburg Fox Trial or the Sandhills Field Trial 
grounds without first having obtained specific written approval 
of such entry or use from an authorized agent of the Wildlife 
Resources Commission, and no such entry or use of any such 



facility shall exceed the scope of or continue beyond the 
specific approval so obtained. The Sandhills Field Trial 
facilities shall be used only for field trials scheduled with the 
approval of the Wildlife Resources Commission. No more 
than 16 days of field trials may be scheduled for occurrence on 
the Sandhills facilities during any calendar month, and no 
more than four days may be scheduled during any calendar 
week; provided, that a field trial requiring more than four days 
ma>' be scheduled during one week upon reduction of the 
maximum number of days allowable during some other week 
so that the monthly maximum of 16 days is not exceeded. 
Before October 1 of each year, the North Carolina Field Trial 
Association or other organization desiring use of the Sandhills 
facilities between October 22 and November 18 and between 
December 3 and March 3 1 shall submit its proposed schedule 
of such use to the Wildlife Resources Commission for its 
consideration and approval. The use of the Sandhills Field 
Trial facilities at any time by individuals for training dogs is 
prohibited; elsewhere on the Sandhills Game Lands dogs may 
be trained only on Mondays, Wednesdays and Saturda>s from 
October 1 through April 1. Dogs may not be trained or 
permitted to run unleashed from April 1 through August 15 on 
any game land located west of 1-95, except when participating 
in field trials sanctioned by the Wildlife Resources 
Commission. Additionally, on game lands located west of 1-95 
where special hunts are scheduled for sportsmen participating 
in the Disabled Sportsman Program, dogs may not be trained 
or allowed to run unleashed during legal big game hunting 
hours on the dates of the special hunts. 

(f) Trapping. Subject to the restrictions contained in 15A 
NCAC lOB .0110, .0302 and .0303, trapping of furbearing 
animals is permitted on game lands during the applicable open 
seasons, except that trapping is prohibited: 

( 1 ) on the field trial course of the Sandhills Game Land; 

(2) on the Harmon Den and Sherwood bear sanctuaries 
in Haywood County ; 

(3) in posted "safety zones" located on an> game land; 

(4) by the use of multiple sets (with anchors less than 1 5 
feet apart) or bait on the National Forest Lands 
bounded by the Blue Ridge Parkway on the south, 
US 276 on the north and east, and NC 215 on the 
west; 

(5) on Cowan's Ford Waterfowl Refuge in Gaston, 
Lincoln and Mecklenburg Counties; 

(6) on the Hunting Creek Swamp Waterfowl Refuge; 

(7) on the John's River Waterfowl Refuge in Burke 
County; 

(8) on the Dupont State Forest Game Lands. 

On those areas of state-owned land known collectively as the 
Roanoke River Wetlands controlled trapping is allowed under 
a permit system. 

(g) Use of Weapons. No person shall hunt or discharge a 
firearm or bow and arrow from a vehicle, or within 200 yards 
of an\ building or designated camping area, or within, into, or 
across a posted "safety zone" on any game land. No person 
shall hunt with or discharge a firearm within, into, or across a 
posted "restricted zone" on any game land. 



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(h) Vehicular Iraffic. No person shall drive a motorized 
vehicle on any game land except on those roads constructed, 
maintained and opened for vehicular travel and those trails 
posted for vehicular travel, unless such person: 

( 1 ) is a participant in scheduled bird dog field trials held 
on the Sandhills Game Land; or 

(2) holds a Disabled Access Program Permit as 
described in Paragraph (n) of this Rule and is 
abiding by the rules described in that paragraph. 

(i) Camping. No person shall camp on any game land 
except on an area designated by the landowner for camping. 
Camping and associated equipment in designated Hunter 
Camping Areas at Butner-Falls of the Neuse, Caswell, and 
Sandhills Game Lands is limited to Sept. 1- Feb. 29 and Apr. 7 
- May 14. 

(j) Swimming. Swimming is prohibited in the lakes located 
on the Sandhills Game Land. 

(k) Disabled Sportsman Program. In order to qualify for 
special hunts for disabled sportsmen listed in 15A NCAC lOD 
■0003 .0103 an individual shall have in their possession a 
Disabled Sportsman permit issued by the Commission. In 
order to qualify for the permit, the applicant shall provide 
medical certification of one or more of the following 
disabilities: 

( 1 ) amputation of one or more limbs; 

(2) paralysis of one or more limbs; 

(3) dysfunction of one or more limbs rendering the 
person unable to perform the task of grasping and 
lifting with the hands and arms or unable to walk 
without mechanical assistance, other than a cane; 

(4) disease or injury or defect confining the person to a 
wheelchair, walker, or crutches; or 

(5) legal deafness, meaning the inability to hear or 
understand oral communications with or without 
assistance of amplification devices. 

Participants in the program, except those qualifying by 
deafness, may operate vehicles on ungated or open-gated roads 
normally closed to vehicular traffic on Game Lands owned by 
the Wildlife Resources Commission. Each program 
participant may be accompanied by one able-bodied 
companion provided such companion has in his possession the 
companion permit issued with the Disabled Sportsman permit. 

(1) Release of Animals and Fish. It is unlawful to release 
pen-raised animals or birds, wild animals or birds, or hatchery- 
raised fish on game lands without prior written authorization. 
Also, it is unlawful to move wild fish from one stream to 
another on game lands without prior written authorization. 

(m) Non-Highway Licensed Vehicles. It is unlawful to 
operate motorized vehicles not licensed for highway use from 
May 15 through August 31 on all state-owned Game Lands. 
Such vehicles may be operated September 1 through May 14 
only on those roads constructed, maintained, and open for 
vehicular travel and those trails posted for vehicular use. All 
operators of such vehicles shall have, in their possession, a 
valid Game Lands Use license. 

(n) Disabled Access Program. Permits issued under this 
program shall be based upon competent medical evidence 
submitted by the person verifying that a handicap exists that 



limits physical mobility to the extent that normal utilization of 
the game lands is not possible without vehicular assistance. 
Persons meeting this requirement may operate electric wheel 
chairs, all terrain vehicles, and other passenger vehicles on 
ungated or open-gated roads otherwise closed to vehicular 
traffic on game lands owned by the Wildlife Resources 
Commission and on game lands whose owners have agreed to 
such use. Those game lands where this special rule applies 
shall be designated in the game land rules and map book. This 
special access rule for disabled sportsmen does not permit 
vehicular access on fields, openings, roads, paths, or trails 
planted to wildlife food or cover. One able-bodied companion, 
who is identified by a special card issued to each qualified 
disabled person, may accompany a disabled person to provide 
assistance, provided the companion is at all times in visual or 
verbal contact with the disabled person. The companion may 
participate in all lawful activities while assisting a disabled 
person, provided license requirements are met. Any vehicle 
used by a qualified disabled person for access to game lands 
under this provision shall prominently display the vehicular 
access permit issued by the Wildlife Resources Commission in 
the passenger area of the vehicle. It shall be unlawful for 
anyone other than those holding a Disabled Access Permit to 
hunt, during waterfowl season, within 100 yards of a 
waterfowl blind designated by the Wildlife Resources 
Commission as a Disabled Sportsman's hunting blind. 

History Note: Temporary Amendment Eff. October II. 

1993: 

Aiithorit}' G.S. 113-134: 113-264: 113-270.3: 113-291.2: 

113-291.5: 113-305: 113-306: 

Eff February 1, 1976: 

.Amended Eff. July 1. 1998: July 1. 1996: July 1. 1995: July 1. 

1994: July I. 1993: April I. 1992: 

Temporan' Amendment Eff. July 1^ 1999. 

.0103 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on any 
designated game land shall be under the influence of alcohol 
or any narcotic drug, or fail to comply with special restrictions 
enacted by the National Park Service regarding the use of the 
Blue Ridge Parkway where it adjoins game lands listed in this 
Rule. 

(b) Traffic Requirements. No person shall park a vehicle 
on game lands in such a manner as to block traffic, gates or 
otherwise prevent vehicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to occupy, for the 
purpose of hunting, any tree stand or platform attached by 
nails, screws, bolts or wire to a tree on any game land 
designated herein. This prohibition shall not apply to 
lag-screw steps or portable stands that are removed after use 
with no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where closed to 
hunting or limited to specific dates by this Chapter, hunting on 
game lands is permitted during the open season for the game or 
furbearing species being hunted. On managed waterfowl 
impoundments, hunters shall not enter the posted 
impoundment areas earlier than 4:00 a.m. on the permitted 



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hunting dates, and hunting is prohibited after 1:00 p.m. on 
such hunting dates; decoys shall not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each day. No person 
shall operate any vessel or vehicle powered by an internal 
combustion engine on a managed waterfowl impoundment. 
No person shall attempt to obscure the sex or age of any bird 
or animal taken by severing the head or any other part thereof, 
or possess any bird or animal which has been so mutilated. No 
person shall place, or cause to be placed on any game land, 
salt, grain, fruit, or other foods without prior written 
authorization of the commission or its agent. A decision to 
grant or deny authorization shall be made based on the best 
management practices for the wildlife species in question. No 
person shall take or attempt to take any game birds or game 
animals attracted to such foods. No live wild animals or wild 
birds shall be removed from any game land, 
(e) Definitions: 

(1 ) For purposes of this Section "Eastern" season refers 
to seasons set for those counties or parts of counties 
listed in 15A NCAC lOB .0203(b)( 1 KA); "Central" 
season refers to seasons set for those counties or 
parts of counties listed in I5A NCAC lOB 
.0203(b)(l){D); "Northwestern" season refers to 
seasons set for those counties or parts of counties 
listed in ISA NCAC lOB .0203(b)(1)(B): "Western" 
season refers to seasons set for those counties or 
parts of counties listed in I5A NCAC lOB 
.0203(b)(1)(C). 

(2) For purposes of this Section. "Dove Only Area" 
refers to a Game Land on which doves may be taken 
and dove hunting is limited to Mondays. 
Wednesdays, Saturdays and to TTianksgiving. 
Christmas and New Year's Days within the 
federally-announced season. 

(3) For purposes of this Section, "Three Days per Week 
Area" refers to a Game Land on which any game 
may be taken during the open seasons and hunting is 
limited to Mondays. Wednesdays, Saturdays and 
Thanksgiving. Christmas and New Year's Days. 
These "open days" also apply to either-sex hunting 
seasons listed under each game land. Raccoon and 
opossum hunting may continue until 7:00 a.m. on 
Tuesdays, until 7:00 a.m. on Thursdays, and until 
midnight on Saturdays. 

(4) For purposes of this Section. "Six Days per Week 
Area" refers to a Game Land on which any game 
may be taken during the open seasons, except that: 

(A) Bears shall not be taken on lands designated 
and posted as bear sanctuaries; 

(B) Wild boar shall not be taken with the use of 
dogs on such bear sanctuaries, and wild boar 
may be hunted only during the bow and arrow 
seasons, the muzzle-loading deer season and 
the regular gun season on male deer on bear 
sanctuaries; 

(C) On game lands open to deer hunting located 
in or west of the counties of Rockingham. 
Guilford. Randolph. Montgomery and Anson. 



the following rules apply to the use of dogs 
during the regular season for hunting deer 
with guns: 

(i) Except for the counties of Cherokee. 
Clay, Graham, Jackson, Macon. 
Madison. Polk, and Swain, game birds 
may be hunted with dogs, 
(ii) In the counties of Cherokee. Clay. 
Graham, Jackson, Macon, Madison, 
Polk, and Swain, small game in season 
may be hunted with dogs on all game 
lands except on bear sanctuaries. 
(D) On bear sanctuaries in and west of Madison, 
Buncombe, Henderson and Polk counties 
dogs shall not be trained or allowed to run 
unleashed between March 1 and the Monday 
on or nearest October 15; 
(f) Game Lands Seasons and Other Restrictions: 

(1) Alcoa Game Land in Davidson, Davie, 
Montgomery. Rowan and Stanly counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(2) Angola Bay Game Land in Duplin and Pender 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(3) Anson Game Land in Anson County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(4) Bachlelor Bay Game Land in Bertie and Washington 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(5) Bertie County Game Land in Bertie County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(4^ Blad e n County Gam e Land in Blad e n County 

(A^ Six Days p e r W ee k Ar e a 

(&) D ee r of e ither se x may b e tak e n all th e op e n 

days of th e applicable D ee r With Visibl e 

Antl e rs S e ason. 
(€^ A s p e cial p e rmit i s r e quir e d for hunting on 

th e Suggs Mill Pond portion of th e Blad e n 

County Gam e Land s . 
(7-)(6j Bladen Lakes State Forest Game Land in Bladen 
County 
(A) Three Days per Week Area 



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(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 
Deer of either sex may also be taken the 
Saturday preceding Eastern bow season with 
bow and arrow and the Friday preceding the 
Eastern muzzle-loading season with an> legal 
weapon (with weapons exceptions described 
in this Paragraph) by participants in the 
Disabled Sportsman Program. 

(C) Handguns shall not be carried and, except for flJ-) ( 12) 
muzzle-loaders, rifles larger than .22 caliber 

rimfire shall not be used or possessed. (444 (13) 

(D) On the Breece Tract and the Singletary Tract 
deer and bear may be taken only by still 
hunting. 

(E) Wild turkey hunting is by permit only. 
f^7) Brushy Mountains Game Land in Caldwell County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 

open days of the applicable Deer With (4 ^(14) 
Visible Antlers Season. 
(9)£8) Bullard and Branch Hunting Preserve Game Lands 
in Robeson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six f464 ( 15) 
open days of the applicable Deer With 

Visible Antlers Season. 
fW)(9) Butner - Falls of Neuse Game Land in Durham, 
Granville and Wake counties 

(A) Six Days per Week Area fj^l6) 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, 
TTiursdays and Saturdays. Christmas and New 
Year's Days, and on the opening and closing 

days of the applicable waterfowl seasons. (4-^ ( 1 7 ) 
Waterfowl shall not be taken after 1 :00 p.m. 
On the posted waterfowl impoundments a 
special permit is required for all waterfowl 
hunting after November 1 . 

(D) Horseback riding, including all equine 
species, is prohibited. 

(E) Target shooting is prohibited 

(F) Wild turke\ hunting is b\ permit only. 

f4J4(lQ) Cape Fear Game Land in Pender County (4»K18) 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) Turkey Hunting is by permit onK on that f2(H ( 19) 
portion known as the Roan Island Tract. 

(43- Ml 1 ) Caswell Game Land in Caswell County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 

open days of the applicable Deer With (344 (20) 
Visible Antlers Season. Deer of either sex 



(C) 



(B) 



(C) 



may also be taken the Friday preceding the 
Central muzzle-loading season by participants 
in the Disabled Sportsman Program. 
Horseback riding is allowed only during June, 
July, and August and on Sundays during the 
remainder of the year except during open 
turkey and deer seasons. Horseback riding is 
allowed only on roads opened to vehicular 
traffic. Participants must obtain a game lands 
license prior to engaging in such activity. 

Caswell Farm Game Land in Lenoir County 

(A) Dove-Only Area 

Catawba Game Land in Catawba and Iredell 

counties 

(A) Three Days per Week Area 

Deer of either sex ma\ be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

Deer may be taken with bow and arrow only 
from the tract known as Molly's Backbone. 

Chatham Game Land in Chatham County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

Cherokee Game Land in Ashe County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

Cherry Farm Game Land in Wayne County 

(A) Three Days per Week Area 

Deer of either sex may be taken the last six 

open days of the applicable Deer With 

Visible Antlers Season. 

The use of centerflre rifles and handguns is 

prohibited. 

Chowan Game Land in Chowan County 

(A) Six Days per Week Area 

Deer of either sex may be taken the first six 
open days, open days the week of 
Thanksgiving, and the last six open days of 
the applicable Deer With Visible Antlers 
Season. In addition, one antlerless deer mav 



(B) 



(C) 



(B) 



be taken anytime during the Deer With 
Visible Antlers season. 
Chowan Swamp Game Land in Gates County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

Columbus Counts Game Land in Columbus County. 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

Croatan Game Land in Carteret, Craven and Jones 
counties 



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(A) 
(B) 



(C) 



(B) 



(C) 
(D) 



(B) 



tC} 



Six Days per Week Area 
Deer of either sex may be tatcen the first six 
open days and the last six open days of the 
apphcable Deer With Visible Antlers Season. 
Waterfowl ma\ be taken only on Mondays. 
Wednesdays, Saturdays; on Thanksgiving, (3 ^27) 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

Dare Game Land in Dare County 

(A) Six Days per Week Area 

Deer of either sex may be taken the last six 

open days of the applicable Deer With 

Visible Antlers Season. 

No hunting on posted parts of bombing range. 

The use and training of dogs is prohibited 

from March 1 through June 30. (3^t28j 

Dupont State Forest Game Lands in Henderson and 

Transylvania counties 

(A) Hunting is by Permit only. 

The training and use of dogs for hunting 

except during scheduled small game permit f^#^ (29) 

hunts for squirrel, grouse, rabbit, or quail is 

prohibited. 

Participants of the Disabled Sportsman 

Program may also take deer of either sex with 

any legal weapon on the Saturday prior to the 

first segment of the Western bow and arrow 

season. 

Dysartsville Game Land in McDowell and 

Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 

open days of the applicable Deer With fJ4- K30) 
Visible Antlers Season. 
Elk Knob Game Land in Ashe and Watauga counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 

Visible Antlers Season. (45 4(31) 

Gardner- Webb Game Land in Cleveland County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

Goose Creek Game Land in Beaufort and Pamlico (43 4(32) 

counties 

(A) Six Days per Week Area 

Deer of either sex may be taken the first six 
open days and the last six open da\s of the 
applicable Deer With Visible Antlers Season. 
On posted waterfowl impoundments 
waterfowl may be taken only on Mondays. 
Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. After November I, on the 
Pamlico Point, Campbell Creek, Hunting 



(B) 



(C) 



Creek and Spring Creek impoundments, a 
special permit is required for hunting on 
opening and closing days of the duck seasons, 
Saturdays of the duck seasons, and on 
Thanksgiving and New Year's day. 

Green River Game Land in Henderson, Polk and 

Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season in that portion in 
Rutherford County; and deer of either sex 
may be taken the last open day of the 
applicable Deer With Visible Antlers Season 
in that portion in Polk and Henderson 
counties. 

Green Swamp Game Land in Brunswick County 



(A) 
(B) 



Gull 

(A) 

(B) 



(C) 



Six Days per Week Area 
Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 
Rock Game Land in Hyde County 
Six Days per Week Area 
Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 
On the posted waterfowl impoundments of 
Gull Rock Game Land hunting of any species 
of wildlife is limited to Mondays, 
Wednesdays, Saturdays; Thanksgiving, 
Christmas, and New Year's Days; and the 
opening and closing days of the applicable 
waterfowl seasons. 

Hickorynut Mountain Game Land in McDowell 

County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

Hofmann Forest Game Land in Jones and Onslow 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

Holly Shelter Game Land in Pender County 

(A) Three Days per Week Area 

Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Deer of either sex 
may also be taken the Friday preceding the 
Eastern muzzle-loading season with any legal 
weapon and the Saturday preceding Eastern 
bow season with bow and arrow b> 
participants in the Disabled Sportsman 
Program 



(B) 



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TEMPORAR Y R ULES 



(C) Waterfowl may be taken on the opening and 

closing days of the applicable waterfowl 

seasons regardless of the day of the week on 

which they occur. 

(M)(33J Huntsville Community Farms Game Land in Yadkin 

County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

(4# 4(34) Hyco Game land in Person County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

f34){35j Jordan Game Land in Chatham, Durham, Orange 
and Wake counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 

open days and the last six open days of the f43-) (41) 
applicable Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Mondays, 
Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable f434 (42) 
waterfowl seasons. 

(D) Horseback riding, including all equine 
species, is prohibited. 

(E) Target shooting is prohibited. 

(F) Wild turkey hunting is by pennit only. f44-) (43) 
<4 ^36) Lantern Acres Game Land in Tyrrell and 

Washington counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days, open days the week of 
Thanksgiving, and the last six open days of 
the applicable Deer With Visible Antlers 
Season. In addition, one antlerless deer may 

be taken anytime during the Deer With (4^(44J 
Visible Antlers season. 
fM )(37) Lee Game Land in Lee County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

fj ^(38) Linwood Game Land in Davidson County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 

open days and the last six open days of the f44) (45) 
applicable Deer With Visible Antlers Season. 
f40^ (39) Moore Game Land in Moore County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(444 (40) Nantahala Game Land in Cherokee, Clay, Graham, 
Jackson, Macon, Swain and Transylvania counties 
(A) Six Days per Week Area f4?4(46) 



(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season in that portion located in 
Transylvania County. 

(C) Raccoon and opossum may be hunted only 
from sunset Friday until sunrise on Saturday 
and from sunset until 12:00 midnight on 
Saturday on Fires Creek Bear Sanctuary in 
Clay County and in that part of Cherokee 
County north of US 64 and NC 294, east of 
Persimmon Creek and Fliwassee Lake, south 
of Hiwassee Lake and west of Nottely River; 
in the same part of Cherokee County dog 
training is prohibited from March I to the 
Monday on or nearest October 15. 

(&) It is unlawful to train dogs or allow dogs to 

ain unl e ash e d on any gam e land in Graham 
County b e tw ee n March 1 and th e Monday on 
or n e ar e st Octob e r 15. 

Neuse River Game Land in Craven County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

New Lake Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

North River Game Land in Currituck County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days, open days the week of 
Thanksgiving, and the last six open days of 
the applicable Deer With Visible Antlers 
Season. In addition, one antlerless deer may 
be taken anNtime during the Deer With 
Visible Antlers season. 

Northwest River Marsh Game Land in Currituck 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days, open days the week of 
Thanksgiving, and the last six open days of 
the applicable Deer With Visible Antlers 
Season. In addition, one antlerless deer may 



be taken anytime during the Deer With 

Visible Antlers season. 
Pee Dee River Game Land in Anson, Montgomery, 
Richmond and Stanly counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) Use of centerfire rifles prohibited in that 
portion in Anson and Richmond counties 
North of US-74. 

Perkins Game Land in Davie County 



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TEMP01L4RY RULES 



4(53) 



(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

Person Game Land in Person County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, 
TTiursdays and Saturdays, Christmas and New 
Year's Days, and on the opening and closing 
days of the applicable waterfowl seasons. 

Pisgah Game Land in Avery. Buncombe, Burke. 
Caldwell, Haywood, Henderson, Madison, 
McDowell, Mitchell, Transylvania, Watauga and 
Yancey counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season except on that portion of 
Avery County north of the Blue Ridge 
Parkway and that portion in Haywood County 
encompassed by US 276 on the north, US 74 
on the west, and the Blue Ridge Parkway on 
the south and east. 

(C) Harmon Den and Sherwood Bear Sanctuaries 
in Haywood County are closed to hunting 
raccoon, opossum and wildcat. Training 
raccoon and opossum dogs is prohibited from 
March 1 to the Monday on or nearest October 
1 5 in that part of Madison County north of 
the French Broad River, south of US 25-70 
and west of SR 1319. 

Pungo River Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

Roanoke River Wetlands in Bertie, Halifax and 

Martin counties 

(A) Hunting is by Permit only. Vehicles are 
prohibited on roads or trails except those 
operated on official Commission business or 
by permit holders. 

Robeson Game Land in Robeson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

Sampson Game Land in Sampson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

Sandhills Game Land in Moore, Richmond and 

Scotland counties 

(A) Three Days per Week Area 



(B) The Deer With Visible Antlers season for 
deer consists of the open hunting dates from 
the second Monday before Thanksgiving 
through the third Saturday after Thanksgiving 
except on the field trial grounds where the 
gun season is from the second Monday before 
Thanksgiving through the Saturday following 
Thanksgiving. Deer may be taken with bow 
and arrow on all open hunting dates during 
the bow and arrow season, as well as during 
the regular gun season. Deer may be taken 
with muzzle-loading firearms on Monday. 
Wednesday and Saturday of the second week 
before Thanksgiving week, and during the 
Deer With Visible Antlers season. 

(C) Gun either-sex deer hunting is b\ permit only 
the Thursday and Friday before Thanksgiving 
Week. For participants in the Disabled 
Sportsman Program, either-sex deer hunting 
with any legal weapon is permitted on all 
areas the Thursday and Friday prior to the 
muzzle-loading season described in the 
preceding paragraph. Except for the deer 
seasons indicated in the preceding paragraph 
and the managed either-sex permit hunts, the 
field trial grounds are closed to all hunting 
during the period October 22 to March 3 1 . 

(D) In addition to the regular hunting days, 
waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons 

(E) Wild turkey hunting is by permit only. 

(F) Dove hunting on the field trial grounds will 
be prohibited from the second Sunday in 
September through the remainder of the 
hunting season. 

(G) No all terrain vehicles shall be used on the J. 
Robert Gordon Field Trial Area except by 
licensed hunters during deer and dove open 
seasons pursuant to I5A NCAC lOD 
.OI02(m). 

(4^ (54) Sauratown Plantation Game Land in Stokes County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

(55) Scuppemong Game Land in Tyrrell and Washington 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days, open days the week of 
Thanksgiving, and the last six open davs of 
the applicable Deer With Visible Antlers 
Season. In addition, one antlerless deer may 
be taken anylime during the Deer With 
Visible Antlers season. 

(56) Shearon Harris Game Land in Chatham and Wake 
counties 



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TEMPOR.4 RY RULES 



(A) 
(B) 



(C) 



(Dj 



Six Days per Week Area 

Deer of either sex may be taken the first six 

open days and the last six open days of the 

applicable Deer With Visible Antlers Season. 

Waterfowl may be taken only on Tuesdays, 

Fridays, Saturdays; on Thanksgiving, 

Christmas and New Year's Days; and on the 

opening and closing days of the applicable 

waterfowl seasons. 

The use or construction of permanent hunting 

blinds is prohibited. 

(57) South Mountains Game Land in Burke, Cleveland, 
McDowell and Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(58) Suggs Mill Pond Game Land in Bladen County; 
Hunting is by Permit only. 

f5 ^59) Sutton Lake Game Land in New Hanover County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(494 (60) Three Top Mountain Game Land in Ashe County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(40)t6JJ Thurmond Chatham Game Land in Wilkes County 
(A) Six Days per Week Area 

Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Participants of the 
Disabled Sportsman Program may also take 
either-sex deer with bow and arrow on the 
Saturday prior to Northwestern bow and 
arrow season. 

Horseback riding is only allowed during June, 
July, and August and on Sundays during the 
remainder of the year except during open 
turkey and deer seasons. Horseback riding is 
allowed only on roads opened to vehicular 
traffic. Participants must obtain a game lands 
license prior to horseback riding on this area. 

(4J- K62) Toxaway Game Land in Transylvania County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. Participants of the Disabled 
Sportsman Program D e er may also take deer 
of either sex with any legal weapon on the 
Saturday prior to the first segment of the 
Western bow and arrow season. 

{€2)i63} Uwharrie Game Land in Davidson, Montgomery and 
Randolph counties 
(A) Six Days per Week Area 



(B) 



(C) 



(B) Deer of either sex may be taken the first six 
open days and the last open six days of the 
applicable Deer With Visible Antlers Season. 
(4^ X64) Vance Game Land in Vance County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) The use of dogs, centerfire rifles and 
handguns for hunting deer is prohibited on 
the Nutbush Peninsula tract. 

(M)(65} White Oak River Impoundment Game Land in 
Onslow County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) Waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons regardless of the day of the week on 
which they occur. 

(4# ^66) Yadkin Game Land in Caldwell County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(g) On permitted type hunts deer of either sex may be taken 
on the hunt dates indicated on the permit. Completed 
applications must be received b\ the Commission not later 
than the first day of September next preceding the dates of 
hunt. Permits shall be issued by random computer selection, 
shall be mailed to the permittees prior to the hunt, and shall be 
nontransferable. A hunter making a kill must tag the deer and 
report the kill to a wildlife cooperator agent or by phone. 

(h) The following game lands and refuges shall be closed to 
all hunting except to those individuals who have obtained a 
valid and current permit from the Wildlife Resources 
Commission: 

Bertie, Halifax and Martin counties— Roanoke River 

Wetlands; 

Bertie County— Roanoke River National Wildlife Refuge. 

Burke County— John's River Waterfowl Refuge 

Dare County-Dare Game Lands (Those parts of bombing 

range posted against hunting) 

Davie— Hunting Creek Swamp Waterfowl Refuge 

Gaston, Lincoln and Mecklenburg counties— Cowan's Ford 

Waterfowl Refuge. 

Henderson and Transylvania counties-Dupont State Forest 

Game Lands 

HistoiT Note: Temporan- Amendment Eff] October 3. 1991; 

Aiithoht}- G.S. 113-134: 113-264; 113-291.2: 113-291.5; 

113-305; 

Eff. Fehnian- 1. 1976; 

Amended Eff. July 1. 1998; July 1. 199'; July 1. 1996; 

September I. 1995: July 1. 1995; September 1. 1994: July 1. 

1994: 

Temporary .Amendment Eff. July 1_^ 1999. 



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I 



******************** 

Rule-making Agency: NC Wildlife Resources Commission - 
Notice of Rule-making Proceedings was published in the 
Register on January 4. 1999. 

Rule Citation: 15.4 NCAC 10F.0321. .0323. .0339. .036:' 

Effecthe Date: .4pril 1. 1999 

Findings Reviewed and Approved by: Beecher R. Gro}' 

Authority for the rule-making: G.S. ^"5.4-3: ''5.4-15 

Proposed Effective Date: July 1. 2000 

A Public Hearing will be conducted at 10:00 a.m. on May 7. 
1999 at the .4rchdale Building, Room 332. 512 N. Salisbury 
St.. Raleigh. NC 27603. 

Reason for Proposed Action: 

ISA AC4C lOF .0321 - The Board of Commissioners of the 

Town of Topsail Beach initiated the no-wake zone pursuant to 

G.S. 75A-I5. to protect public safety in the areas by restricting 

vessel speed. 

ISA NCAC lOF .0323 - The Burke Count}- Board of 

Commissioners initiated the no-wake zone pursuant to G.S. 

"^5.4-15. to protect public safety in the areas by restricting 

vessel speed. 

ISA NCAC lOF .0339 - The McDowell County Board of 

Commissioners initiated the no-wake zone pursuant to G.S. 

75.4-15. to protect public safet}- in the areas by restricting 

vessel speed. 

ISA NCAC lOF .0367 - The Hoke Count}- Board of 

Commissioners initiated the no-wake zone pursuant to G.S. 

75.4-15. to protect public safet}- in the areas by restricting 

-essel speed. 

Comment Procedures: The North Carolina Wildlife 
Resources Commission has the authority to adopt temporaiy 
■ules pursuant to G.S. 150B-21. l(al). Interested persons mcn- 
wesent their views either orally or in writing at the Men- 7, 
1999 public hearing. In addition, the record of hearing will be 
iperi for receipt of written comments through May 16, 1999. 
mch written comments must be delivered or mailed to the NC 
Vildlife Resources Commission. 512 N. Salisbury- Street, 
Raleigh, NC 27604-1188. 

~iscal Note: These Rules affect the expenditures or revenues 
if local government funds. These Rules do not have a 
ubstantial economic impact of at least five million dollars 
$5,000,0001 in a 1 2-month period 



SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0321 PENDER COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters in Pender Count\ : 

(1 ) the canal adjoining Old Point Development; 

(2) the First Finger Canal in New Topsail Beach: 

(3) the eastern side of Banks Channel that extends 50 
yards north of the northern boat ramp at the South 
Beach Villas and 50 yards south of the boat ramp at 
Bush's Marine at Topsail Beach; 

(34 til those waters of the Northeast Cape Fear River 
between the U.S. Highway 117 bridge and the 
Seaboard Coastline Railroad bridge. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within the regulated areas 
described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Board of 
Commissioners of Pender Countv with respect to the regulated 
areas designated in Subparagraphs (1). (2) and 14] of 
Paragraph (a) of this Rule, and the Board of Commissioners of 
the Town of To psail Beach, with respect to the regulated area 
designated in Subparagraph (3) of Paragraph (a) ot" this Rule 
are « designated a as suitable ag e ncy agencies for placement 
and maintenance of the markers implementing this Rule, 
subject to the approval of the United States Coast Guard and 
the United States Army Corps of Engineers. 

Histoiy Note: Authority G.S. 75A-3: 75A-15: 

Effi May 1. 1976: 

Amended Effi July 1. 1993: December I. 1991: May 1. 1989: 

October 1. "l985; 

TemporaiT .4mendment Eff April ]_^ 1999. 

.0323 BURKE COUNTY 

(a) Regulated Areas. This Rule applies onK to the 
following lak es waters or portions of lak es which li e within th e 
boundari e s of Burk e Countv" waters described as follows: 

Lake Hickory; 

Lake James; 



(1) 
(2) 



(A) Holida\ Shores Subdivision as delineated by 
appropriate markers; 

Lake James Campground as delineated by 
appropriate markers; 

Laurel Pointe Subdivision as delineated by 
appropriate markers; 

Boyd Moore Cove as delineated by 
appropriate markers; 

East Shores development as delineated by 
appropriate markers. 



m 

lEJ 



) 


CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 


(3) Lake Rhodhiss. 
(b) Speed Limit. No person shall operate a vessel at greater 
than no-wake speed within 50 yards of any designated and 
marked public boat launching ramp, bridge, marina, boat 


* 

1 

i 


3:J9 NORTH CAROLINA REGISTER 


April L 1999 1694 



TEMPO RA RY RULES 



storage structure, boat service area, dock or pi e r dock, or pier. 
or while on the waters of the regulated areas described in 
Paragraph (a) of this Rule. On Lak e Jam e s, no person shall 
operate a v e ssel at gr e at e r than no wak e sp e ed in th e following 
areas as d e lin e at e d by appropriat e mark e r s : 

(4-) Holiday Shor es Subdivi s ion; 

(3^ Lak e Jam e s Campground; 

(3^ Laur e l Point e Subdivision; 

f4^ Boyd Moor e Cov e . 

(c) Speed Limit in Mooring Areas. No person shall operate 
a vessel at greater than no-wake speed while within a marked 
mooring area established with the approval of the Executive 
Director, or his representative, on the regulated areas described 
in Paragraph (a) of this Rule. 

(d) Restricted Swimming Areas. No person operating or 
responsible for the operation of a vessel shall pennit it to enter 
any marked public swimming area established with the 
approval of the Executive Director, or his representative, on 
the regulated areas described in Paragraph (a) of this Rule. 

(e) Placement and Maintenance of Markers. The Board of 
Commissioners of Burke County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule, subject to the approval of the United 
States Coast Guard and the United States Army Corps of 
Engineers, if applicable. With regard to marking the regulated 
areas described in Paragraph (a) of this Rule, all of the 
supplementary standards listed in Rule .0301(g) of this Section 
shall apply. 



HistoiyNote: Authority- G.S. 75A-3: 75A-15: 

Ejf.July I, 1976: 

Amended Ejf. December 1. 1995: December 1. 

December 1. 1992: March 1. 1992: 

TemporaiT Amendment Ejf. April ]_^ 1999. 



1994: 



.0339 MCDOWELL COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters located on Lake James in McDowell County : 

(1) that area adjacent to the shoreline of the McDowell 
Wildlife Club property; 

(2) that area adjacent to the shoreline of the Marion 
Moose Club property; 

(3) that area known as Morgan Cove; 

(4) that area within 50 yards of the shoreline at the New 
Manna Baptist Youth Camp; 

(5) that area within 50 yards of the shoreline at Burnett's 
Landing; 

(6) the cove area adjacent to the State Park swimming 
area; 

(7) the cove area adjacent to the State Park picnic area 
and dock; 

(8) that area within 50 yards of camping areas in the 
Lake James State Park as designated by the 
appropriate markers; 

(9) that area within 50 yards of the boat launching ramp 
at the Marion Lake Club; 

(10) that area within 50 yards in either direction from the 
marina docks in Plantation Point Cove; 



(11) that designated area of Goodman's Landing Cove 
within 50 yards of the swimming area and boat 
docks of Goodman's Campground: 

(12) that area beginning at the rock shoals located at 
Deerfield Campground downstream for a distance of 
approximately 200 yards as delineated by 
appropriate markers; 

(13) that area as delineated by appropriate markers along 
the shoreline of the development known as 
Lakeview Point e . Pointe; 

( 14) that area as delineated by appropriate markers at the 
Waterglyn Subdivison Cove. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within any of the 
regulated areas described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of any vessel, surfboard or 
waterskis shall permit the same to enter any marked swimming 
area located on the regulated area. 

(d) Placement and Maintenance of Markers. The Board of 
Commissioners of McDowell County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule. 

HistoiyNote: Authority- G.S. 75A-3: 75A-15: 

Ejf. August 23, 1981: 

.Amended Eff. February 1. 1996: December 1. 1993: March 1, 

1992: .April 1. 1991: 

Temporary! .Amendment Ejf. Februaiy 1. 1998: 

AmendedEff.July 1. 1998: 

Temporan- Amendment Eff. April 1. 1999. 

.0367 HOKE COUNTY 

(a) Regulated Area. This Rule applies to the waters of 
RockFish Creek upstream from the Hoke-Cumberland county 
line within the territorial limits of Hoke County as delineated 
by appropriate markers. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within any of the 
regulated area described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Hoke 
County Board of Commissioners js designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule. 

HistoiyNote: Authority G.S. 75A-3: 75A-15: 
Temporary' Adoption Eff. April /^ 7999. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 20 - BOARD OF REGISTRATION FOR 
FORESTERS 

Rule-making Agency: Board of Registration for Foresters 

Rule Citation: 21 NC.AC 20 .0101. .0103 - .0106: .0117. 
.0120. .0122 -.0123 



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(2) Five references as required jn Rule .0105 of this 
Section. 

(3) Proof of professional work experience. 

(4) Payment of application fee as set out in Rule .0107 
of this Section. 

(c) A school of Forestry accredited by the Society- of 
American Foresters is an approved school or college for 
purposes of G.S. 89B-9. An applicant who holds a forestrs 
degree fi"om a university outside of the United States may 
qualify for registration if he/she provides verification to the 
Board which demonstrates that the degree is equivalent to SAF 
accreditation standards. 

(d) For purposes of G.S. 898 a forestry curriculum means a 
major in forestry. 

(e) The Board may issue a forester-in-training certificate to 
an applicant who has completed the education requirement in 
G.S. 89B-9(a)( 1 ). The certificate will be valid for up to four 
years. The time period may be extended by the Board in case 
of hardship beyond the c ontrol of the applicant. 

Histoiy Note: A ulhority G. S. 89B-6: 89B-9; 
Eff. February 1. 1976: 

Amended EJf. May I. 1989: Februaiy 1. 1985: 
Temporan' Amendment Eff. March J_^ 1999. 

.0104 EXAMINATIONS 

(a) An applicant who docs not hav e a for e stry' d e gr ee from 
an approv e d school and two y e ars" e xperienc e in for es tr>' mu s t 
take an e xamination pr e par e d and administ e r e d by th e Board. 
An "approved school" i s on e that app e ars on th e li s t of s chool s 
approv e d b\ the Soci e ty of Am e rican For e st e rs. — This list is 
adopt e d by ref e renc e und e r G.S. 150B 1 4 (c). 

fb) Wh e n th e Board finds that an e xamination — fer 

r e gistration i s r e quir e d, th e applicant will b e so notifi e d. Th e 
e gistration without e xamination ar e r e quir e d to furni s h with applicant will b e notifi e d by c e rtifi e d mail, r e turn r e c e ipt 

r e qu e st e d, not l ess than 30 days b e for e th e e xamination, a s to 
th e tim e and plac e of th e e xamination. If th e applicant fail s to 



Effective Date: March 1. 1999 



Findings Reviewed and Approved by: Julian Mann, 111 

Authority for the rule-making: G.S. 89B 

Reason for Proposed Action: The 1997 legislature passed 
HB 577 which amended Chapter 89 B of the General Statutes 
changing registration of foresters from a voluntary to a 
mandator}- action. Other changes included a special, time 
limited provision for Urban Foresters to become registered: a 
requirement for all applicants to pass an exam: a provision for 
a forester in training categoty: a change in fee structure, 
along with other related actions. 

Comment Procedures: Comments may be submitted to: 
State Board of Registration for Foresters. P.O. Box 27393, 
Raleigh. NC 27611. 

SECTION .0100 - PURPOSE 



0101 PURPOSE OF PROGRAM 

Th e Stat e Board of Regi s tration for For e st e r s ha s th e 
statutory' dut>' and authoritv' to adm i nister a voluntary' program 



Histoiy Note: Author it}' G.S. 89B-6: 

Eff. Februaiy 1, 1976: 

Temporan- .Amendment Eff March J_^ 1999. 



l ^f r e gistration of for e st e rs. — Thos e rul e s shall gov e rn th e 
- e gistration program of th e Board. The rules in thjs Chapter 



hall govern the registration program for foresters 



0103 QUALIFICATIONS FOR REGISTRATION 

AH — North — Carolina — r es id e nt — appl i cant s — requ e sting 



h e ir opplication s th e following: 



f4-) A l e gibl e copy of th e ir official col le g e tran s cript s 



cov e ring th e p e riod for which cr e dit is claim e d, and respond within t e n days aft e r th e rec e ipt of this notic e , it will 
s howing e vid e nc e of graduation. An applicant with be assum e d that th e applicant does not plan to tak e th e 



a bach e lor's d e gr ee in a curriculum oth e r than e xamination. — Th e applicant' s fil e will th e n b e consid e r e d 
for e stry but with a master of for e stry', mast e r of inactive and no furth e r action will be initiat e d by th e Board, 
sci e nc e or high e r d e gr ee in forestry - from a school or Th e application f ee will b e forf e ited. Examinations will b e 
coll e g e — of for e stry' — accr e dit e d — at — th e tim e — of writt e n. 

fe^ — The passing grad e on any e xamination for r e gistration 
s hall b e 70 p e rc e nt. 

(a) Examinations will be offered twice annually. An 
applicant may attempt the examination no more than three 
times within any six year period. 

(b) Applicants shall be notified by certified mail, return 
receipt requested, not less than 30 daNS before the 
examination, as to the time and place of the examination. If 
the applicant fails to respond at least 1 days prior to the date 
of the exam, it shall be assumed that tfie applicant does not 
plan to take the examination. The applicant's file shall then be 
considered inactive and no further action shall be initiated by 
the Board. The application fee shall be forfeited. 



graduation by th e Soci e ty of American For e st e rs 
s hall b e consid e r e d to qualify'. 

(3-) A r e cord of two or mor e y e ar s of e xperi e nc e in th e 

practic e of for es try'. — Such e xp e ri e nc e shall hav e 
b ee n gain e d aft e r r e c e iving th e qualifV'ing d e gr ee in 
for es try' and s hall b e r e l e vant and ad e quate in th e 
judg e m e nt of th e Board. 

(3-) Fiv e r e f e r e nc e s, a s defined in Rul e .0005. 

(a) An application may be obtained from the Secretary of 
ie Board. 



(b) An applicant shall submit an application to the Secretary 
yhich shall include: 



(1) Legible official college transcripts, if applicable. 



3:19 



NORTH CAROLINA REGISTER 



April 1,1999 



1696 



TEMPOIL4RY R ULES 



(c) The passing grade for registration shall be 70 percent on 
any exam. The determination by the Board as to the score on 
each exam shall be final. 

(d) Re-examination fees shall be fort>' dollars ($40.00) per 
examination. 

History- Note: Authority G.S. 89B-6: 89B-12: 
Ejf. February I. 1976: 

Amended Effi May I. 1989: February 1. 1985: 
Temporary- Amendment Eff. March 7^. 1999. 

.0105 REFERENCES 

(a) Five references are required to satisf> the Board of an 
applicant's professional experience and moral character. Three 
or more shall be practicing foresters in North Carolina. No 
more than one of the practicing forester references shall be an 
employee of the same firm or agency as the applicant. No 
member of the Board shall act as a reference for any applicant 
for registration. 

(b) If a majority of the references do not recommend 
approval, the Board shall reject the applicant . 

(c) If two of the references do not recommend approval, the 
Board shall request more detailed input from all references to 
use in evaluating the applicant. 

History Note: A uthority G. S. 89B-6: 89B-9: 
Eff. February 1. 1976: 

Amended Eff. May 1. 1989: February 1, 1985: 
Temporan' Amendment Eff. March 1. 1999. 

.0106 REGISTRATION FEES 

All f ee s Fees sent to the Board for any segment of the 
registration process mu s t may be in the form of money orders, 
bank drafts, or checks payable to the Secretary. Board of 
Registration for Foresters. The fee for registration s hall b e is 
thirty five dollars ($35.00). fift ee n dollar s ($15.00) of which 
shall accompany th e application and the r e maining twenty for e ster — Each affidavit must b e on th e prop e r form suppli e d 



that they are legally registered or licensed to practice forestry 
in that state, and indicating the final date on which their 
registration or license remains valid, shall be accepted by the 
Board as adequate evidence. The — Board — may — r e quir e 
additional — e vid e nc e — if^-it — is consid e r e d n e c e ssary. This 
provision shall not apply unless the state in which the 
applicant is registered or licensed observes similar rules of 
reciprocity in regard to persons registered under the provisions 
ofG.S. 89B. 

(b) Aft e r the Board d e cid es that the applicant for If the 
Board determines that the reciprocity applicant is qualified to 
practice as a registered forester in North Carolina. \he 
applicant will b e receiv e a lett e r from th e Board conv e ying thi s 
approval for a s tat e d p e riod of tim e , the Board shall issue a 
letter conveying this approval. 

(c) The fee for obtaining such reciprocity shall be the same 
as is charged a North Carolina resident seeking to obtain 
registration in the state of North Carolina. (See Rule .0106 of 
this Section). 

(d) An applicant who is a r e sid e nt of a stat e that do e s not 
hav e a r e gistration or lic e nsing law will not b e grant e d 
r e ciprocity in North Carolina, e v e n though th e applicant has a 
valid lic e n se of r e gi s tration in anoth e r s tat e of stat es . 

( e ) Initial applications for r e ciprocity shall b e acted upon by 
th e Board. — Applications for renewal of reciprocity shall b e 
handl e d administrativ e ly bv th e se cr e tan'. 



History Note: Authority G.S. 89B-6: 89B-9: 
Eff. February 1. 1976: 

Amended Eff May 1. 1989: February I. 1985: 
TemporaiT .Amendment Eff March 1_^ 1999. 



.0120 CERTIFICATION 
FORESTERS 



OF 



CONSULTING 



Th e Board will r e c e iv e affidavits annually from each 
r e gist e r e d for es t e r s ee king approval to practic e as a consulting 



dollars ($20.00) of which s hall b e paid on r e qu e st b e for e 
issuance of th e r e gi s tration c e rtificat e , be submitted by the 
applicant at the time of application. An approved applicant 
shall submit an additional fee of forty dollars ($ 40.00) to 
receive a certificate of registration. Annual renewal fee 
R e n e wal f ee s s hall b e js tw e nty dollars ($20.00) thirty dollars 
($30.00). annually. 

History Note: Authority G.S. 89B-6; 893-10; 893-11; 
Eff. February- 1. 1976: 

Amended Eff: February 1, 1990; May- 1, 1985: 
Temporary Amendment Eff. March 1. 1999. 

.0117 RECIPROCITY 

(a) Non-residents and individuals who have moved to ef 
North Carolina who wish to becom e r e gist e r e d und e r Chapt e r 
8 9B, and who are legally registered or licensed as a r e gi s t e r e d 
or lic e ns e d forester in another state, in th e ir ovsti stat e , shall 
submit evidence of such registration of licensing to the Board. 
A statement from the Board of registration or licensing in the 
state in which they are legally registered or licensed attesting 



by th e Board and submitt e d by June 30 e ach y e ar. — Th e s e 
affidavits will b e r e vi e w e d by th e S e cr e tary Tr e a s ur e r, and all 
that clearly m ee t th e r e quir e m e nts of th e s e Rul e s will b e 
approv e d by th e S e cr e tary Treasur e r. An\ applications which 
ar e questionabl e or app e ar not to m ee t the requir e ments of 
th e s e Rul e s will b e vot e d on by th e Board. 

(a) Each registered forester seeking approval to practice as a 
consulting forester shall file an affidavit annualh. Each 
affidavit must be on the proper form supplied by the Board and 
shall be submitted by June 30 each year. These affidavits will 
be reviewed by the Secretary -Treasurer, and ah that clearly 
meet the requirements of these Rules shall be approved by the 
Secretary -Treasurer. 

(b) All consulting foresters must either have a BS or higher 
degree with a forestr\ major from a school or college of 
forestry accredited by the Society of American Foresters or 
shall have passed the Board's comprehensive written 
examination designed to show knowledge approximating that 
obtained through graduation from a four year school or college 
of forestry accredited h\ SAF. 



1697 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



TEMPORA RY RULES 



(c) All affidavits which are questionable or appear to not 
meet the requirements of G.S. 89B will be voted on by the 
Board. 

History Note: Authority G.S. 89B-2: 89B-6: 

Eft: February I. 1993; 

Temporary Amendment Eff. March [^ 1999. 

Mil HANDLING OF COMPLAINTS 

(a) Complaints r e c e iv e d by th e Board of improp e r, ill e gal, 
comp e t e nt or oth e rwis e un e thical activitv' or conflict of 



m- 



int e r e st Notarized letters received by the Board identifying 
specific complaints of gross negligence, fraud, deceit or 



flagrant misconduct in the practice of forestry or incompetence 
by a registered forester will be followed up by written 
correspondence to the accused requesting a response to the 
accusation, accusation or by oth e r m e an s d ee m e d appropriat e 
by th e Board. The Board may choos e to request the 



complainant, the accused registrant, or both to personally 
appear before the Board. 

(b) Following a review of the facts and verification of the 
violation, the Board w4H may choose appropriate action, which 
may include: 

(1) revocation or suspension of the individual as a 
registered forester as outlined in Rule .0016 .0106 of 
this Chapt e r, Section. 

(2) r e vocation or certification a s a con s ulting for e ster. 
ef warning to the registrant outlining the violation 
and directing that it be stopped. 

{¥) a warning to th e r e gistrant outlining the violation 

and dir e cting that it b e s topp e d. 

(c) Complaints all e ging violation s as outlin e d in G.S. 89B 
15 by individual s who ar e not r e gist e r e d for e st e rs or ar e not 



c e rtifi e d as consulting for es t e rs will b e act e d on by th e Board. 

(4^ Wh e n, in th e opinion of th e Board, a v i olation 

e xists, a l e tt e r w i ll b e se nt to th e accus e d outlining 
th e conc e rn and dir e cting that th e violation d e si s t. A 
l e tt e r of concurr e nc e with this dir e ctiv e will b e 
r e qu e st e d from th e violating party. 

(3^ Wh e n th e violation is consid e r e d flagrant, or wh e n it 

continu es e v e n aft e r a warning by th e Board, th e 
Board may choos e to r e f e r th e cas e to th e Attorney 
G e n e ral r e comm e nding l e gal action against the 
violator. 



History Note: Authority G.S. 89B-2: 89B-6: 89B-13: 89B- 

15: 150B-3: 150B-38: 

Eff. November 1, 1993: 

Temporary Amendment Eff. March ]_^ 1999. 



0123 CONTINUING EDUCATION 

(a) All registered foresters shall attend continuing education 
courses annually to maintain their registration. Ten CFE 
(Continuing Forester Education) credits approved by the 
Society of American Foresters' CFE Coordinator shall be 



required each year, beginning with the fiscal year July I. 199Q 
through June 30. 2000. CFE's must be SAF category 1 , 2. 3 or 



4, with at least six being from category I . 



(b) Registered foresters shall verify CFE compliance to the 
Board with each annual renewal. 

History Note: Authority G.S. 89B-6: 89B-11: 
Temporan' Adoption Eff March !, 1999. 



13:19 



NORTH CAROLINA REGISTER 



April LI 999 



169H 



i 



R ULES RE VIE W COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. April 15, 1999. 
10:00 a.m. . at 1307 Glenwood Ave.. Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual 
Commissioners by Monda\. April 12. 1999. at 5:00 p.m. Specific instructions and addresses may be obtained from the 
Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and 
the agency at least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood. Vice Chairman 
John Arrowood 

Laura Devan 

Jim Funderburke 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White. 2"" Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



April 15. 1999 
May 20. 1 999 
June 17, 1999 
July 15. 1999 
August 19. 1999 



September 16. 1999 
October 21. 1999 
November 18. 1999 
December 16, 1999 



LOG OF FILINGS 
RULES SUBMITTED: FEBRUARY 20, 1999 THROUGH MARCH 20, 1999 



AGENCY/DIVISION 



Rl LE N.\ME 



DENRAVILDLIFE RESOURCES COMMISSION 

MigratoPi Game Birds 

Big Game Kill Reports 

Bear 

Deer (White-Tailed) 

Raccoon and Opossum 

Wild Turke\ (Bearded Turkeys Only) 

Foxes (Gra> and Red) 

Open Seasons 

Special Regulations Joint Waters 

Public Mountain Trout Waters 

Open Seasons: Creel and Size Limits 

Manner of Taking Nongame Fishes: 

General Regulations Regarding Use 

Hunting on Game Lands 

Stanly County 

Carteret County 

DENRyCOMMISSION FOR HEALTH SERVICES 

Lobby: Halls:Stairs: and Vending Areas 
Water Supply 
Guest Rooms 



RILE 




.ACTION 


15NCAC lOB 


.0105 


Amend 


15NCAC lOB 


.0113 


Amend 


15NCAC lOB 


.0202 


Amend 


I5NCAC lOB 


.0203 


Amend 


15NCAC lOB 


.0205 


Amend 


15NCAC lOB 


.0209 


Amend 


15NCAC lOB 


.0212 


Amend 


15NCAC lOB 


.0302 


Amend 


15NCAC IOC 


.0107 


Amend 


15NCAC IOC 


.0205 


Amend 


15NCAC IOC 


.0305 


Amend 


15NCAC IOC 


.0401 


Amend 


15NCAC lOD 


.0102 


Amend 


15NCAC lOD 


.0103 


Amend 


15NCAC lOF 


0317 


Amend 


15NCAC lOF 


0330 


Amend 


15NCAC 18A 


.1808 


Amend 


15NCAC 18A 


.1810 


Amend 


15NCAC 18A 


.1812 


Amend 



1699 



NORTH CAROLINA REGISTER 



April 1, 1999 



13:19 



RULES REVIEW COMMISSION 



TRANSPORTATION, DEPARTMENT OF/DIVISION OF HIGHWAYS 

General Regulations for Drawbridges 1 9 NCAC 2D .04 1 5 Amend 

STATE BOARDS/NC STATE BOARD OF CHIROPRACTIC EXAMINERS 

Examinations 2 1 NCAC 1 .0203 Amend 



RULES REVIEW COMMISSION 

March 18, 1999 
MINUTES 

The Rules Review Commission met on March 18, 1999. in the Assembly Room of the Methodist Building. 1307 Glenwood 
Avenue. Raleigh. North Carolina. Commissioners in attendance were Chairman Paul Powell, David R. Twiddy, Steven P. Rader. 
R. Palmer Sugg. Teresa L. Smallwood. Laura Devan. John Arrowood. Mark P. Garside. and George S. Robinson. 

Staff members present were: Joseph J. DeLuca. Staff Director; Bobby Bryan, Rules Review Specialist; Glenda Gruber; and Sandy 
Webster. 

The following people attended: 

CeliaCox DHHS 

Noah Huffstettler Kilpatrick Stockton 

Daniel Gamer Banking Commission 

Valerie Chaffm Hunton & Williams 

Kathryn Smith Poyner & Spruill 

Wendi Odesby Transportation 

Emily Lee Transportation 

APPROVAL OF MINUTES 

The meeting was called to order at 10:02 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
:orrections concerning the minutes of the February 18, 1999 meeting. There being none, the minutes were approved. 

FOLLOW-UP MATTERS 

\ NCAC 3B .0101. .0102. and .0103: COMMERCE/Banking Commission - The rewritten rules submitted by the agency were 
ipproved by the Commission. Commissioner Arrowood recused himself from any discussion on these rules. 

\ NCAC 3H .0002: COMMERCE/Banking Commission - The rewritten rule submitted by the agency was approved by the 
'ommission. Commissioner Arrowood recused himself from any discussion on this rule. 

NCAC 3R .6112: DHHS/Medical Care Commission - The Commission voted to send a letter to the agency requesting that they 
send a letter to this Commission requesting that the rule be returned to them. If this Commission has not received such a letter by 
ts next meeting the Commission will treat the previous letter as such a request. 

7 NCAC 6B .0118: DEPARTMENT OF REVENUE - The commission objected to the rewritten rule submitted by the agency 
"or failure to address the original objection. In addition the Commission also made the following decision: Since the rewritten 
ule was not filed within the Rules Review Commission procedural deadline and there was not sufficient time to adequately review 
he submission, it reserves the right at the next meeting to review any other rewritten language for substantive problems. The 
ewritten rule must also be submitted within Rules Review Commission procedures and must address the original objection. If it 
iocs not meet this submission requirement the Commission shall consider that as an indication that the agency does not intend to 
atisfy the Commission's objection and wants the rule returned. 

1 NCAC 46 . 1 804: NC Board of Pharmacy - No action was necessar>' on this rule. 

;i NCAC 57A .0305: NC Appraisal Board - The repeal was approved by the Commission. 



3:19 NORTH CAROLINA REGISTER April 1, 1999 1700 



RULES REVIEW COMMISSION 



LOG OF FILINGS 

Chairman Powell presided over tiie review of the log and all rules were unanimously approved. 

COMMISSION PROCEDURES AND OTHER MATTERS 

Mr. DeLuca introduced Celia Cox who will be replacing Glenda Gruber effective March 29. 1999. Chairman Powell wished Ms. 
Gruber well and thanked her for ajob well done. 



The next meeting will be on April 15, 1999. 

The meeting adjourned at 10:47 a.m. 

Respectfully submitted, 
Sandy Webster 



1701 NORTH CAROLINA REGISTER April 1, 1999 13:19\ 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an 
index to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge by 
contacting the Office of Administrative Hearings. (919) 733-2698. Also, the Contested Case Decisions are available on 
the Internet at the following address: htlp:"wM-w.state.nc.us.'OAH'hearings'decision'caseindex.htm. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief .Administrative Law Judge , 

JULIAN MANN. Ill 

Senior Administcative Law Judge 

FRED G. MORRISON JR. 

ADMINISTRATIVE LAW JUDGES 



Sammie Chess Jr. 
Beecher R. Gray 
Melissa Owens 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Beryl E. Wade 



AGENO 



CASE 
M MBER 



ALJ 



DAI E OF 
DECISION 



PI BI.ISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Occaneechi Band of the Saponi Nation \ NC Comm of Indian Afl'airs 9t) DUA 0006 Smith 

Carlton L Coleman \ Administration. Division of Purchase and Contract 98DOA10I6 Phipps 
Unique Printing. Inc \ NC A&T. Bobhy E Aldnch. Dir of Purchasing. '^S DOA 1743 Owens 

NC A&T. and Evelyn H Gales. Asst Dir of Purchasing. NC A&T 



12/07/98 
12/16/98 
02/1 5/99 



13 13 NCR 11175 



ADMINISTRATIVE HEARINGS, OFFICE OF 

Steven Todd McRmnon \ Office of Administrative Hearings 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Control Commission v Kenneth Jerome 
Alcohohc Be\erage Control Commission v Jesse Jacob Joyner. Jr 
Alcoholic Beverage Control Commission v Trade Oil Compan\. Inc 
Alcoholic Beverage Control Commission v Pantana Bohs, Inc 
Alcoholic Beverage Control Comm v Partnership T/A C & J's Shipwreck 
Alcoholic Beverage Control Comm v Abdelhakeem Murawch Saleh 
Alcoholic Beverage Control Comm \ Harold Webster Hadnott 
Alcoholic Beverage Control Commission \ Axis Entertainment 
Sokha Huor Ramadneh v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Delores Williams Alnaqib 
Alcoholic Beverage Control Commission \ Axis Entertainment 
Alcoholic Beverage Control Commission v James Aubrey Stephenson 
Alcoholic Beverage Control Commission v Bridgette Dee Williams 
Alcoholic Beverage Control Commission v Robert Lee. Inc 
Alcoholic Beverage Control Comm v Partnership, T/A Variety Pic Up #21 
Tarus Jackson v Alcoholic Beverage Control Commission 
Linda Melton Harris v Alcoholic Beverage Control Commission 
and 
City of Charlotte 
Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm v 
Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm 

Alton Ollivierra Peny v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm \ KJialed Mohamad Alzer 



Simple Elegance Restaurants. Inc 
Daniel Hmton Green 
Zaheer Ahmad Bajua 
Partnership T/A Club Old Times 
Kendall L Brumby 
Jerald Taft Howell. Jr 
Kendall L Brumbv 



99 OAH 0082 


Phipps 


03/09/99 




97 ABC 1205 


Phipps 


07/23/98 


n 


97 ABC 1438 


Phipps 


06/19/98 




98 ABC 0033 


ReilK 


08/21/98 




98 ABC 0293 


Reillly 


09/17/98 


13 11 NCR 933 


98 ABC 0296 


Morrison 


08/19/98 




98 ABC 0308 


Gra\ 


02/16/99 




98 ABC 0324 


Smith 


12/02/98 




98 ABC 0357»- 


Reillv 


07/02/98 




98 ABC 0382 


Smith 


06/30/98 


13 03 NCR 350 


98 ABC 0392 


Chess 


07/30/98 




98 ABC 0401*' 


Reillv 


07/02/98 




98 ABC 0494 


Chess 


09/01/98 




98 ABC 0501 


Reilly 


08/11/98 




98 ABC 05 18 


Gra\ 


08/11/98 




98 ABC 0714 


Morrison 


10/09/98 




98 ABC 0768 


Smith 


07/13/98 




98 ABC 0820 


Owens 


02/26/99 




98 ABC 0850 


Phipps 


10/26/98 




98 ABC 0889 


Morrison 


11/06/98 




98 ABC 0960 


Owens 


1 0/30/98 




98 ABC 1071 


Owens 


01/29/99 




98 ABC 1158 


Chess 


03/05/99 




98 ABC 1171 


Smith 


1 2/03/98 




98 ABC 1204 


Chess 


03/03/99 




98ABCn298 


Owens 


11/23/98 




98 ABC 1321 


Gray 


02/05/99 





^ 4 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1702 



CONTESTED CASE DECISIONS 



AGENCY 

Alcoholic Beverage Control Comm v Abdelhakeem M Saleh 
William Randall Banks v Alcoholic Beverage Control Commission 
Alcoholic Bev Control Comm v Partnership T/A Alston's Conv Store 
Alcoholic Beverage Control Comm v Fast Fare. Inc. 
Alcoholic Beverage Control Comm \ Frank lalley 
Yah\a Ahamed Abullah Mosed v Alcoholic Beverage Control Comm 
Phillip Allen Powell. Monika K Powell. Jana Vlasta Kozlik v Doyle 
D Alle\. ABC Commission. Shon Tallev. AFF Aaent 



CASE 




DATE OF 


MMBER 


AU 


DECISION 


98 ABC 1341 


Morrison 


02/12/99 


98 ABC 1355 


Grav 


02/10/99 


98 ABC 1374 


Chess 


02/16/99 


98 ABC 1398 


Grav 


02/02/99 


98 ABC 1452 


Phipps 


02/08/99 


98 ABC 1470 


Chess 


03/05/99 


99 ABC 0036 


Smith 


02/23/99 



PI BLISHED DECISION 
REGISTER CITATION 



BOARD OF ( ONTRAC TORS 

Fleritage Pointe Builders, Inc & Patrick Hannon \ Bd ol'Contractors 

CRIME CONTROL AND PIBI K SAFETY 

Loretta Battle v Crime Victims Compensation Commission 
Cynthia Austin v Crime Victims Compensation Commission 
Marcella Skaggs v Crime Victims Compensation Commission 
Talmadge E McHenry v Crime Victims Compensation Commission 
Finda Caldwell Wiggins v Crime Victims Compensation Commission 
Kenneth T Fytle \ Crime Victims Compensation Commission 
Shirley Henryhand v Crime Victims Compensation Commission 
Brenda Jean Thomas v Crime Victims Compensation Commission 
Tareyton L Johnson v Crime Victims Compensation Commission 
Mia Thompson-Clark v Crime Victims Compensation Commission 
Godfrey Akenahor v Crime Victims Compensation Commission 
Terry Ramey d/b/a Ramey's Wrecker Svc v NC State Highv\ay Patrol 
Valine H Thompson v Crime Victims Compensation Commission 
Rutus K Williams v Department of Crime Control & Public Safetv 
Faye E Powell v Crime Victims Compensation Commission 
Hubert Fee Grant v Crime Victims Compensation Commission 
Mary Elizabeth Troutman v Crime Victims Compensation Comm 
Brenda H Alston v Crime Victims Compensation Commission 
Shirley P Chen v Crime Victims Compensation Commission 
Forme Smith v Crime Victims Compensation Commission 
Catherine Walker v Crime Victims Compensation Commission 
Martha Bumpass v Crime Victims Compensation Commission 
Kenneth B Hall. Sr v Crime Victims Compensation Commission 
Dunnie G Smith v Crime Victims Compensation Commission 
Felicia House \ Crime Victims Compensation Commission 
Antonia F Jones v OfTice of Administrative Hearings 
Leon A Vereen v Crime Victims Compensation Commission 

ENGINEERS AND SIRVE^ ORS. BOARD OF EXAMINERS FOR 

Thomas A Truelove, Jr . PE \ Bd /Examiners/Engineers and Surveyors 
Kenneth D Suttles v Bd /Registration/Engineers and Fand Surveyors 

ENMRONMENT AND NATURAL RESOl RCES 

Albert C Wright, Jr v Environment. Health. & Natural Resources 
Albert C Wnght, Jr v Environment, Health. & Natural Resources 
Ladane Williamson and Odell Decarol Williamson v DENR 
Teresa Heflin v Department of Environment and Natural Resources 
Ronald Prater v Department of Environment and Natural Resources 
Alltel Carolina, Inc v Dept of Environment and Natural Resources 
James F Smith v Department of Environment and Natural Resources 
William Hickman v Department of Environment and Natural Resources 
Hickory Alliance v Department of Environment and Natural Resources 

and 
Godfrey Fumber Company, Inc 
John M Silvia V Department of Environment and Natural Resources 
Godfrey Lumber Company, Inc v Dept /Environment & Natural Resources 

and 
Hickorv Alliance 
Gregory B Jackson, Brenda R Jackson v Greene Cty Filth Dept , ENR 
Robert G OofT, Sr v Department of Environment and Natural Resources 
Scotland Water. Cedar Circle v Env ironment and Natural Resources 
Womble & Company v Dept of Environment and Natural Resources 
Eric Glenn Harrison v Environment and Natural Resources 
Robert G GotT. Sr v Department of Environment and Natural Resources 
Mid South Water Systems. Inc v Environment and Natural Resources 
Wilbur E Earp v Departmentof Environment and Natural Resources 
Norell Bahrs v Carteret Cty Health Dept . DENR 
Charles Davis v Department of Environment and Natural Resources 
J.C Faw V Department of Environment and Natural Resources 
Unicon Concrete, Inc v Dept of Environment and Natural Resources 
Hugh & Bonnie Mills v Dept of Environment and Natural Resources 



97 LBC 0243 


Phipps 


08/17/98 




97 CPS 0654 


Grav 


08/10/98 




97CPS 1499 


Reillv 


08/12/98 


1 3 05 NCR 533 


98 CPS 0065 


Owens 


06/05/98 




98 CPS 01 16 


Gray 


06/24/98 




98 CPS 01 53 


Chess 


08/27/98 




98 CPS 01 76 


Reilly 


07/06/98 




98 CPS 0263 


Mortison 


08/11/98 




98 CPS 0314 


Mortison 


08/11/98 




98 CPS 0327 


Reilly 


09/02/98 




98 CPS 0349 


Chess 


05/14/98 




98 CPS 0427 


Owens 


10/30/98 


13 I2NCR 1015 


98 CPS 0460 


Smith 


02/22/99 




98 CPS 0674 


Morrison 


11/18/98 




98 CPS 0676 


Morrison 


10/23/98 




98 CPS 0808 


Owens 


08/28/98 




98 CPS 0839 


Mortison 


10/21/98 


13 10 NCR 853 


98 CPS 0901 


Smith 


11/12/98 




98 CPS 0952 


Phipps 


11/10/98 




98 CPS 1015 


Phipps 


09/17/98 




98 CPS 1 050 


Gray 


02/15/99 




98 CPS 1 1 29 


Gray 


02/1=^/99 




98 CPS 1 1 54 


Gray 


02/1:" 99 




98 CPS 1170 


Mann 


12/21/98 




98 CPS 1201 


Reilly 


01/04/99 




98 CPS 1273 


Smith 


01/25/99 




98 CPS 1403 


Grav 


01/29/99 




98 CPS 1525 


Chess 


03/03/99 




98 ELS 0047 


Mann 


11/12/98 


13 12 NCR 1035 


98 ELS 0099 


Mann 


02/09/99 


13 18 NCR 1578 


96EHR06I0*" 


Gray 


01/29/99 




96EHR0630*" 


Gray 


01/29/99 




96EHR 1926 


Gray 


09/01/98 


13 07 NCR 609 


97 EHR 0409 


Mortison 


07/29/98 




97EHR045I 


Reilly 


07/02/98 




97 EHR 0729 


Grav 


01/28/99 




97 EHR 1365 


Chess 


07/17/98 




97 EHR 1388 


Grav 


11/06/98 


13 11 NCR 928 


97 EHR 1 607 


Reilly 


07/17/98 




97 EHR 1646 


Chess 


06/03/98 




97 EHR 1676 


Reillv 


07/17/98 




98 EHR 0042 


Reilly 


07/02/98 




98 EHR 0072*- 


Grav 


06/25/98 




98 EHR 0236 


Smith 


06/09/98 




98 EHR 0345 


Chess 


11/05/98 




98 EHR 0373 


Reilly 


08/28/98 




98 EHR 0448*- 


Gray 


06/25/98 




98 EHR 0548 


Gray 


12/02/98 




98 EHR 0606 


Smith 


10/21/98 




98 EHR 0884 


Owens 


11/02/98 




98 EHR 0890 


Owens 


11/09/98 




98 EHR 0957 


Gray 


12/11/98 




98 EHR 0990 


Mann 


01/14/99 




98 EHR 1 090 


Phipps 


12/08/98 





1703 



NORTH CAROLINA REGISTER 



April 1,1999 



13:19 



CONTESTED CASE DECISIONS 



AGENCY 

Janice Spruill v Department of Environment and Natural Resources 
JM's Professional Construction Svcs . Ltd \ DENR 
Ronald E Bennett v Environment and Natural Resources 
Don W Hunt v Halifax Countv Health Department 
Wa\'ne D Magee \ Department of Environment and Natural Resources 
Karen . I Dixon. Myra Jones. Alphonzo Dixon v Nash Ct\ Health Dept 
Amos Vaughan v Depanment of Environment and Natural Resources 
Vivian Alderman. Caboose Restaurant v Environment & Nat Resources 

Division of Air Quality 

Sebring Dev . Patrick t,)ueen/John Amirante v DENR, Air Quality' 
John Beard v DENR. Division of Air Quality 
Jerr> Brxant \ DENR. Division of Air Quality 

Division of Coastal Management 

Preston Warren \ Division of Coastal Management. Wilmington. NC 
Marion T Noe \ DENR. Division of Coastal Management 

Division of Environmental Health 

Gerald P Sigal \ DENR. Division of EnMronmental Health 
Ronnie Lee Hamill v Pitt Cty Health Dept . Environmental Health Div 
Joe Scichilone v Crave Natural Resources. Div of Environmental Health 
Ralph K Crotts v Burke Countv Env Health Dept . Septic Tank Di\ 
Carl D Wicker v Alamance Ctv Health Dept . Env Health Division 

Division of Environmental Management 

Save Our Rivers. Inc . et al v Touti of Highlands. EHNR. Env Mgmt . 

William W Cohey, Jr . Secretarx 
US Dept of the Interior NafI Park Svce v Environmental Mgml Comm 

Division of Marine Fisheries 

Lad\ LaShanda Melvm Bryant v EHNR. Division of Marine Fisheries 
Gerald Moore, et al v DENR. Division of Marine Fisheries 

Division of Solid Haste Management 

Steve Aldridge. et al v DENR. Division of Solid Waste Management 

Division of Hater Quality 

Raymond L Martin v DENR. Division of Water Qualm 

Worsley Oil Companies. Inc v DENR. DWQ. Groundwater Section 

Silver Bullet. Inc v DENR. Division of Water Qualitv 

HEALTH AND HIMAN SERVICES 

Stanley C Ochulo v OfT /Administrative Hearings. Mr R Marcus Lodge 

Oliver C Johnson. Hazel T Johnson v Health and Human Services 

Louise Streater v Health and Human Services 

Richard E Lavvrence. Rebecca A Lawrence v Health and Fluman Services 

John David Brinson v Department of Human Resources 

Stephanie Wade v Department of Health and Human Serx'ices 

Carolyn L Freeman v Department of Human Resources 

Otis L Mack. Jr v Office of Administrative Hearings 

Christopher Germano, Lee Germano v Depanment of Health 

Carol and Conrad Kunkel v Department of Human Services 

Donald Wayne Perry v Otl'ice of Emergency Medical Services 

E Jean Woods v EDS - Medicaid 

Soma Schaeter Jollv v Village Care King. Autumn Care. DHHS 

Sandra Nelson Molina v Department of Health & Human Services 

Bemadette Anderson v Department of Health & Human Services 

Cheryl Lynn Staton v Department of Health & Human Services 

Mary Barrier v Administrative Hearing 

James Michael Wallace v Department of Human Resources 

Barbara Jump v Department of Human Services 

Keith Warren Kendall v Nurse Aide Registry and DHHS 

Wilson Memorial Hospital v Depanment of Health & Human Services 

Brandy Shea Minton v Markus Lodge, General Counsel 

Reeva Oliver V Board of Nursing. Nursing Asst Registry 

Jackie E Ratliffv Department of Health & Human Services 

llyas Mahmood v Depanment of Health & Human Services 

Division of Child Development 

Dulatov™ Presbyterian Children's Ctr v DHHS, Child Development 
Cookie's Day Care Home. Wonza W Garolds v DHHS. Child Dev 
Cassandra Myers v Division of Child Development 
Theresa McCormick v DHHS. Division of Child Development 



CASE 




DATE OF 


PI BLISHED DECISION 


NIMBER 


ALJ 


DECISION 


REGISTER CITATION 


98EHR 1:1 5 


Reilly 


01/27/99 




98EHR 1217 


Owens 


12/21/98 




98EHR 1237 


Owens 


1 2/29/98 




98EHR 1285 


Gray 


12/17/98 




98EHR 1471 


Phipps 


02/02/99 




98EHR 1475 


Reillv 


02/10/99 




98EHR 1538 


Reilly 


01/15/99 




98EHR 1690 


Reilly 


03/08/99 




98 EHR 0926 


Phipps 


12/11/98 




98EHR 1314 


Gras 


01/29/99 




98 EHR 1416 


Wade 


03/01/99 




98 EHR 01 77 


Phipps 


1 0/05/98 




98 EHR 0976 


Smith 


1 2/02/98 




98 EHR 0051 


Smith 


10/02/98 




98 EHR 1200 


Smith 


12/29/98 




98 EHR 1286 


Chess 


01/07/99 




98 EHR 1334 


Owens 


01/14/99 




98 EHR 1718 


Wade 


02/03/99 




91 EHR 0377 


Gray 


07/30/98 




98 EHR 0410 


Smith 


08/20/98 


13 06 NCR 578 


97 EHR 1459 


Gray 


07/20/98 




98 EHR 0322 


Owens 


10/08/98 


13 09 NCR 797 


98 EHR 0665 


Chess 


09/09/98 


1307NCR 617 


98 EHR 0590 


Gray 


09/21/98 




98 EHR 0735 


Chess 


08/24/98 




98 EHR 093 1 


Chess 


08/20/98 




98DHR0021 


Reilly 


06/24/98 




98 DHR 0090 


Gray 


07/08/98 




98DHR0I96 


Gray 


06/03/98 




98 DHR 0209 


Phipps 


07/15/98 




98 DHR 0369 


Owens 


08/17/98 




98 DHR 0666 


Reilly 


08/19/98 




98 DHR 0721 


Gray 


08/05/98 




98 DHR 0729 


Phipps 


09/09/98 




98 DHR 0780 


Owens 


07/28/98 




98 DHR 1047 


Smith 


02/25/99 




98 DHR 1097 


Smith 


01/13/99 




98 DHR 1118 


Gray 


10/26/98 




98 DHR 1134 


Chess 


01/07/99 




98 DHR 1243 


Chess 


01/21/99 




98 DHR 1257 


Morrison 


12/11/98 




98 DHR 1259 


Smith 


11/30/98 




98 DHR 1287 


Chess 


11/19/98 




98 DHR 1 340 


Gray 


12/21/98 




98 DHR 1350 


Reilly 


01/20/99 




98 DHR 1368 


Reilly 


01/29/99 




98 DHR 1423 


Reilly 


03/08/99 




98 DHR 1595 


Smith 


01/06/99 




98 DHR 1604 


Reilly 


02/09/99 




98 DHR 1689 


Reilly 


02/01/99 




99 DHR 0108 


Chess 


03/03/99 




98 DHR 0654 


Gray 


08/06/98 




98 DHR 0946 


Gray 


01/13/99 




98 DHR 0948 


Owens 


09/03/98 




98 DHR 0989 


Smith 


12/29/98 





13:19 



NORTH CAROLINA REGISTER April I, 1999 



1704 



CONTESTED CASE DECISIONS 



CASE 




DATE OE 


MMBER 


ALJ 


DECISION 


QSDHR 1112 


Morrison 


10/16/98 


98DHR 1184 


Phipps 


09/25/98 


98 DHR 1533 


Smith 


01/25/99 


98 DHR 1 534 


Smith 


01/25/99 


98 DHR 1668 


Reilly 


02/24/99 


97 DHR 1034 


Becton 


07/30/98 


97 DHR 1046*' 


Phipps 


07/2398 


97 DHR 1209 


Rcills 


06/23/98 



Mann 
Gray 



Phipps 



AGENCY 

Dulatown Preshvlenan Children Ctr v DHR. Child Development 
Dora's Child Development Center v Mecklenburg Ct\ DSS, and DHR 
Victorv Day Care & Learning Ctr . Joe Walters v DHHS. Child Dev 
Four-County Community Services, inc v Human Resources. Child Dev 
Kandy Kane Day School. Inc v DHHS, Div of Child Development 

Division of Facility Services 

Pearlie W Lauson v DHHS. Facility Svcs . Health Care Personnel Reg 
Annie K Morgan v Health & Human Services , Facility Ser\'ices 
Mooresville Hospital Mgmt Associates, Inc d/b/a Lake Norman Regional 

Medical Center v DHR. Facility Services, Certificate of Need Section 
and 

Autumn Corporation and McKinley V Jumey 
Warren Moore & Catherine Moore v DHR, Div of Facility Services 97 DHR 1279 

Constellation Health Services, Inc and Constellation Senior Services, 97 DHR 1529 

Inc v DHR, Facility Services, Group Care Licensure Section 
and 

Diversified Health Group, LLC and The Innovative Health Group, Inc 
Dialysis Care of NC. LLC. d/b/a Dialysis Care of Rowan County 97 DHR 1588 

v DHR. Division of Facilitv Services, Certificate of Need Section 

v Biomedical Applications of NC, Inc d/b/a BM.A of Kannapol is d/b/a 

Metrolina Kidney Center of Kannapolis (Lessee) and Metrolina Nephrology 

Associates, PA (Lessor) 
Robin Annette Rea\is v Health and Human Svcs , Di\ of Facility Svcs 
Jennifer Blofeld v DHHS. Facilitv Svcs . Health Care Personnel Registry 
Sunlite Retirement Home. Winnie Jane Johnson v DHR, Facility Services 
Helen Shokoti v Health and Human Services. Div of Facility Services 
Ann Davis Rest Home v Group Care Licensure Section 
Diane Lingard v DHR. Facilitv Svcs. Health Care Personnel Reg 
Kimherly Annette Smith Hull v DHHS. Division of Facilm Sen ices 
Living Centers-Southeast. Inc . Lutheran Retirement Center-Wilimington, 

Inc , and Neu Hanover Health Care Center L L C v DHHS, Di\ of 

Facility Services. Certificate of Need Section, 
and 
Devin Partnership and Devm Health Care Associates, LLC, Columbia 

Cape Fear Healthcare System, Limited Partnership, Living Centers 

Southeast. Inc . Lutheran Retirement Center-Wilmington Inc . and 

Neu Hanover Health Care Center LLC 
Living Centers-Southeast. Inc . Lutheran Retirement Center-Wilimington. 

Inc . and Nev\ Hanover Health Care Center, L L C v DHHS, Div of 

Facility Services, Certificate of Need Section, 
and 
Devin Partnership and Devin Health Care Associates, LLC, Columbia 

Cape Fear Healthcare System, Limited Partnership. Living Centers 

Southeast. Inc . Lutheran Retirement Center-Wilmington Inc . and 

New Hanover Health Care Center LLC 
Living Centers-Southeast. Inc . Lutheran Retirement Center-Wilimmgton. 98 DHR 0247*" Phipps 

Inc , and New Hanover Health Care Center L L C v DHHS, Div of 

Facility Services, Certificate of Need Section, 
and 
Devin Partnership and Devm Health Care Associates, LLC, Columbia 

Cape Fear Healthcare System. Limited Partnership. Living Centers 

Southeast, Inc . Lutheran Retirement Center-Wilmington Inc . and 

New Hanover Health Care Center LLC 
Rose Mane Spencer v DHHS, Division of Facility Services 
Deborah Ann Holt \ DHHS, Division of Facility Senices 
Columbia Direct Mktg Corp \ DHHS. Facility Svcs . Soltn Lie Br 
Tern Michelle Tyler v Health & Human Svcs. Di\ of Facility Services 
Dons Jones Holmes v DHHS, Facility Svcs, Health Care Personnel Reg 
Annie K Morgan v Health & Human Services . Facility Services 
Shirle\ Bowling v DHHS. Facility Services. Health Care Personnel Reg 
Johnnie E Williams v DHHS. Division of Facility Services 
Bio-Medical Applications of Lumherton. Inc d/b/a BMA of Lumberton. 

d/b/a Lumberton Dialysis Unit (Lessee) and Wehb-Loha\ ichan Rentals 

(Lessor) v DHHS. Division of Facility Services. Certificate of Need Section 
and 

Hillchild, LLC and Dialysis Care of NC. LLC dft/a DCNC, LLC 
Bio-Medical Applications of NC. Inc d/b/a Johnston Dialysis Ctr v 98 DHR 0701* 

DHHS. Division of Facility Services. Certificate of Need Section 
and 

Hillchild. LLC and Dialvsis Care of NC, LLC d/b/a DCNC, LLC 
Christv Jeton Hall v DHHS, Di\ ision of Facilitv Sen ices 98 DHR 0706 

Hillchild, LLC and Dialysis Care of NC, LLC dAi/a DCNC, LLC v 98 DHR 0718* 

DHHS, Division of Facility Senices, Certificate of Need Section 



PI BLISHED DECISION 
REGISTER CITATION 



98 DHR 0245*'' Phipps 



Reilly 



Gray 
Chess 



09/08/98 
06/24/98 



08/31/98 



97 DHR 1672 


Reilly 


08/12/98 




98 DHR 0096 


Gray 


08/21/98 




98 DHR 0124 


Phipps 


06/11/98 




98 DHR 0173 


Chess 


08/26/98 




98 DHR 0197 


Phipps 


06/23/98 




98 DHR 0214 


Becton 


06/22/98 




98 DHR 0239 


Phipps 


06/23/98 




98DHR0244*'- 


Phipps 


11/24/98 


13 12NCR 101 



11/24/98 



11/24/98 



98 DHR 0279 


Chess 


01/07/99 


98 DHR 0348 


Phipps 


06/22/98 


98 DHR 0394 


Morrison 


12/31/98 


98 DHR 0458 


Grav 


08/21/98 


98 DHR 0463 


Grav 


08/21/98 


98 DHR 0496*" 


Phipps 


07/23/98 


98 DHR 0547 


Grav 


11/09/98 


98 DHR 0639 


Reillv 


07/02/98 


98 DHR 0700*-' 


Chess 


02/04/99 



02/01/99 



10/12/98 
02/04/99 



13 12NCR lOIf 



13 12NCR 1018 



1705 



NORTH CAROLINA REGISTER 



April 1, 1999 



1: 



CONTESTED CASE DECISIONS 



AGENCY 



( ASE 
MMBER 



AU 



DA IE OF 
PECISION 



PI BLISH ED DECISION 
REGISTER CITATION 



and 

Bio-Medical Applications of Lumherton_ Inc d/b/a BMA of Lumherton 

d/b/a Lumberton Dialysis Unit (Lessee) and Webb-Lohavichan Rentals ( 
Hillchild. LLC and Dialvsis Care of NC. LLC d/b/a DCNC. LLC v 

DHHS, Division of Facility Services. Certificate of Need Section 
and 

Bio-Medical Applications of NC. Inc d/b/a Johnston Dialysis Ctr 
Judith May Gale \ DHHS. Division of Facilm Services 
Latonia Denise Thomas v DHHS. Division of Faciliry Services 
Tracev Deirde Galloway \ DHHS. Facilm Svcs . Health Care Per Reg 
Afi Teawanda B>rd v DHHS. Dnision of Facility Services 
Happ\ Dan's Home. Gladys Cooke v Facility Svcs . Group Care Lie Sect, 
Wanda Best v Division of Facilitv Services. DHHS 
Tracey Yelverton v DHHS. Division of Facility Services 
Rose Mane Hadlev v DHHS. Division of Facility Services 
Robena Juanita Jones \ DHHS. Division of Facility Services 
Mona Lisa Lucas v DHHS. Division of Facility Services 
Edna Weaver Sauyer v DHHS. Division of Facility Services 
Linda Lstes Richardson \ DHHS. Division of Facility Services 
Shirley L Smith, a/k/a Shirley Lee Turner v DHHS. Facility Services 
Jeanette Crandal Williams v Health & Human Services. Facility Services 
Felicia Ozoms v DHHS. Division of Facility Services 
Carolyn Grant v Health & Human Services. Facility Services 
Bridgette Taylor v Nurse Aide 1 Program. DFS 
Jamie Jamigan Oaks v DHHS. Division of Facility Services 
Barbara Davis v DHHS. Division of Facility Services 
Jamila Adukeijie Alghali v Health & Human Services. Facility Services 
Dorothy Rea Fisher v Health & Human Services. Facility Services 
April K Matthews v Health & Human Sen ices. Facility Services 
Virgie Harshaw Stinson v Health Care Personnel Registry 

Division of Medical Assistance 

Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Medical Ctr. 

and Harry Mahannah. M D v DHHS. Division of Medical Assistance 
Isaiah Smith. Jr . by 'through his Guardian. Lawrence E Thompson. Ill 

V DHHS. Division of Medical .-Assistance 
William M Bell. Jr v DHHS. Medical Assistance. Third Party Rec Sec 
Alic F Schneider. Julia R Hammonds \ DHHS. Medical Assistance 
April Dawn Bass v DHHS. Division of Medical Assistance 

Division of Social Services 

William & Crystal Steakley v DHHS. Division of Social Services 
Raji Ahdus-Salaam v Department of Human Resources. DSS-DCA 

Child Support Enforcement Section 
William Robert Cameron \ Department of Human Resources 
Robert H Black \ Guilford County Child Support Enforcement 
Dorman E Drake v Department of Human Resources 
Garry R McNeill v Department of Human Resources 
Robert Alan Davis v Department of Human Resources 
Michael W White v Department of Human Resources 
Troy R Emmons. Jr v Department of Human Resources 
Marvin A Pike v Department of Human Resources 
Mary Putnam Avery v DSS. Durham County Child Support Enforcement 
Anthony B GritTin v Department of Human Resources 
Gilbert G Gray v Department of Human Resources 
Jimmy Dorsey v Department of Human Resources 
Herbert Leon Sellers v Department of Human Resources 
Gregorv Boren \ Department of Human Resources 
David W Davis V Department of Human Resources 
Dale W Hutchinson \ Department of Human Resources 
Kelvin Cherrv \ Department of Human Resources 
Joe A Lynch \ Department of Human Resources 
Gary W Wampler \ Department of Human Resources 
Kenneth Brvan Haynes \ Department of Human Resources 
Kenneth Eugene Scott v Department of Human Resources 
Mark Owens Fnnk v Department of Human Resources 
JelTery Lee Graves v Department of Human Resources 
Donald L Carr. Jr v Department of Human Resources 
Marvin Diggs v Department of Human Resources 
Michael Patrick Dyme v Department of Health & Human Services 
Paula C Freeman v Department of Health & Human Services 
Sherman L Arnold Sr v Department of Health & Human Services 
Clifton Pierce v Department of Health & Human Services 



Lessor) 

98DHR0719*=" Reillv 



02/01/99 



98 DHR 0739 


Owens 


12/16/98 




98 DHR 0809 


Gray 


1 0/23/98 




98 DHR 0824 


Grav 


09/24/98 




98 DHR 0838 


Reilly 


1 2/29/98 




98 DHR 088.S 


Owens 


11/19/98 




98 DHR 0936 


Chess 


01/11/99 




98 DHR 0955 


Owens 


01/04/99 




98 DHR 0970 


Smith 


1 0/08/98 




98 DHR 1089 


Gray 


12/29/98 




98 DHR 1110 


Gray 


01/04/99 




98 DHR 1111 


Gray 


01/04/99 




98 DHR 1131 


Chess 


01/07/99 




98 DHR 1132 


Chess 


01/07/99 




98 DHR 1133 


Morrison 


02/18/99 




98 DHR 1173 


Gray 


01/20/99 




98 DHR 1264 


Owens 


02/15/99 




98 DHR 1283 


Mann 


12/14/98 




98 DHR 1284 


Smith 


01/12/99 




98 DHR 1317 


Gray 


12/21/98 




98 DHR 1326 


Wade 


02/16/99 




98 DHR 1 349 


Wade 


03/02/99 




98 DHR 1691 


Owens 


03/01/99 




98 DHR 1692 


Gray 


02/10/99 




97 DHR 0621 


Smith 


07/08/98 




98 DHR 0273 


Gray 


1 2/07/98 




98 DHR 0979 


Mann 


01/13/99 


1316NCR 1366 


98 DHR 0994 


Morrison 


1 0/29/98 




98 DHR 1687 


Mann 


01/14/99 




98 DHR 0076 


Gray 


07/20/98 




98 DHR 0771 


Owens 


07/30/98 




96 CRA 1 525 


Gray 


01/11/99 




96 CRA 1 548 


Mann 


10/09/98 




96 CRA 1717 


Smith 


08/25/98 




96 CRA 1 743 


ReilK 


10/22/98 




96 CRA 1781*" 


Phipps 


08/20/98 




96 CRA 1 784 


Grav 


09/25/98 




96 CRA 1 798 


ReilK 


08/25/98 




96 CRA 1814 


Chess 


09/24/98 




96 CRA 1 849 


Morrison 


09/01/98 




96 CRA 1 855 


Gray 


12/18/98 




96 CRA 1858 


Morrison 


10/08/98 




96 CRA 1 862 


Smith 


12/15/98 




96 CR..\ 1 932 


Smith 


11/06/98 




96 CRA 1 945 


Gray 


12/14/98 




96 CRA 1976 


Smith 


11/06/98 




96 CRA 1981 


Mann 


08/26/98 




97 CRA 0026 


Gray 


12/14/98 




97 CRA 0045 


Phipps 


10/09/98 




97CR.A0187 


Smith 


12/15/98 




97 CRA 0444 


Mann 


02/19/99 




97 CRA 1232 


Chess 


11/06/98 




97 CRA 1 524 


Mann 


10/09/98 




98CRy\0137 


Becton 


06/23/98 




98 CRA 0545 


Reillv 


06/08/98 




98 CRA 0588 


Reilly 


06/24/98 




98 CRA 0787 


Gray 


09/17/98 




98 CRA 1117 


Smith 


12/18/98 




98 CRA 1 1 52 


Mann 


10/28/98 




98 CRA 1430 


Smith 


01/11/99 





13: J 9 



NORTH CAROLINA REGISTER 



April 1, 1999 



1706 



CONTESTED CASE DECISIONS 



AGENCY 

Dennis Lee McNeill v Department of Human Resources 

Byron O Ashb\ II v Department of Human Resources 

Hubert L Morrison v Department of Human Resources 

Robert Alan Davis v Department of Human Resources 

Larry S Robinson v Child Support Enlbrcement Agency 

Darr\IC Thompson \ Department of Health & Human Services 

Darryl C Thompson v Department of Health & Human Services 

Michael . I Burgess v Department of Human Resources 

Michael Anthons Hill v Department of Human Resources 

Joseph L Hill v Department of Human Resources 

Michael A Wilder v Department of Human Resources 

Billy Anthony Jr v Department of Human Resources 

James B Benson v Department of Human Resources 

Lawrence Wilkes \ Department of Human Resources 

Alton D Baglev v Department of Human Resources 

Beniel B Berrv Jr v Department of Human Resources 

Darrvl Simpkins \ Department of Health & Human Services 

Anthons Montgomery v Department of Human Resources 

Temace Joan Ness \ Department of Human Resources 

Joseph Gerard McPhillips v Department of Human Resources 

Terrv Lettennan v Department of Human Resources 

Kenneth Pabers v Department of Human Resources 

William L Mines V Department of Human Resources 

Christopher Alan v Department of Human Resources 

Annette Chipman v Department of Human Resources 

Paul J Mobley. Jr v Department of Human Resources 

Ahin G Piper V Department of Health & Human Sen ices 

Robert A Sherer v Department of Human Resources 

Rodney A Mortison v Department of Human Resources 

Gregor\ Andre Brown v Department of Health & Human Services 

Rodger Hazen II v Department of Human Resources 

Marion Amett v Department of Human Resources 

Wade A Burgess v Department of Human Resources 

Robert L Robinson v Department of Human Resources 

Michael William Fisher v Department of Human Resources 

Jamie A Hunt v Department of Health & Human Services 

Renardo Jenkins \ Department of Human Resources 

Anthony Love v Department of Human Resources 

Eric Baldwin v Department of Health & Human Services 

Eddie R Steward v Department of Health & Human Services 

Steven Kent Gold v Department of Human Resources 

Lerov J Poole \ Department of Human Resources 

Hoyal A McLean \ Department of Health & Human Services 

Michael Bernard Hill v Department of Health & Human Services 

Terrv M Cable \ Department of Human Resources 

Charlie RatlitTJr v Department of Health & Human Services 

Donald W Lee v Department of Health & Human Services 

Bobby D Cook v Department of Health & Human Ser\'ices 

John B Hall V Department of Human Resources 

Derrick A Brmton \ Department of Human Resources 

Tabatha D Pate v Department of Human Resources 

Amanda F Blount \ Department of Human Resources 

Gregory Carry (IV #1564206) v Department of Human Resources 

Gregorv" Carry (IV #1564166) v Department of Human Resources 

John L Bullard V Department of Human Resources 

Frank A Cotton v Department of Human Resources 

Charlie Gra\ Hunt Jr v Department of Human Resources 

Keith D & Lydia C Wright v Department of Health & Human Services 

Willie R Cruse \ Department of Health & Human Services 

Thomas H Lotze. Jr v Department of Health & Human Services 

Robert L Williams v Department of Human Resources 

Patrick Bass v Department of Health & Human Sen ices 

Tawanna Wheeler \ Department of Health & Human Semces 

Timothv Kinney v Department of Health & Human Semces 

Teresa L Gallowas v Department of Health & Human Senices 

Michael A Looper v Department of Health & Human Semces 

Kenneth E Strickland \ Department of Health & Human Services 

HovtH Buntjr v Department of Health & Human Semces 

Vernon Reginald Pinkney v Department of Health & Human Senices 

Elijah G Deans v Department of Health & Human Senices 

James Howard Alexander \ Department of Health & Human Senices 

Lee J Coggins V Department of Human Resources 

Mark J Houlbrook v Department of Health & Human Services 

Henrv A Hartiel. Jr v Department of Health & Human Services 



CASE 




DATE OF 


NIMBER 


ALJ 


DECISION 


96 CSE 1 305 


Gray 


06/22/98 


96CSE 1435 


Mann 


07/15/98 


96 CSE 1649 


Reilly 


08/12/98 


96 CSE 1780»' 


Phipps 


08/20/98 


96 CSE 1848 


Gray 


11/05/98 


96 CSE 1854*" 


Chess 


09/01/98 


96 CSE 1902*" 


Chess 


09/01/98 


96 CSE 1989 


Mann 


12/10/98 


96 CSE 2028 


Mann 


08/26/98 


97 CSE 0624 


Chess 


11/06/98 


97 CSE 1301 


Chess 


07/17/98 


97 CSE 1393 


Reilly 


06/24/98 


97 CSE 1399 


Gray 


12/14/98 


97 CSE 1419 


Grav 


11/17/98 


97 CSE 1424 


Chess 


06/02/98 


97 CSE 1435 


Smith 


06/12/98 


97 CSE 1436 


Chess 


08/11/98 


97 CSE 1442 


Phipps 


06/17/98 


97 CSE 1450 


Mortison 


1 2/09/98 


97 CSE 1467 


Mann 


10/09/98 


97 CSE 1492 


Smith 


06/22/98 


97 CSE 1523 


Mann 


02/19/99 


97 CSE 1527 


Mann 


09/08/98 


97 CSE 1544 


Chess 


10/16/98 


97 CSE 1545 


Phipps 


07/23/98 


97 CSE 1568 


Phipps 


06/17/98 


97 CSE 1599 


Phipps 


11/10/98 


97 CSE 1605 


Mann 


07/15/98 


97 CSE 1611 


Gray 


10/23/98 


97 CSE 1656 


Grav 


08/27/98 


97 CSE 1666 


Chess 


07/17/98 


97 CSE 1685 


Mann 


12/10/98 


98 CSE 0071 


Morrison 


06/12/98 


98 CSE 0130 


Reilly 


07/15/98 


98 CSE 0198 


Mann 


02/19/99 


98 CSE 0307 


Mortison 


07/06/98 


98 CSE 03 1 


Smith 


06/23/98 


98 CSE 0312 


Phipps 


06/23/98 


98 CSE 03 19 


Phipps 


12/15/98 


98 CSE 0320 


Mortison 


02/02/99 


98 CSE 0333 


Mortison 


07/01/98 


98 CSE 0375 


Reilly 


07/02/98 


98 CSE 0420 


Smith 


07/29/98 


98 CSE 0421 


Becton 


07/15/98 


98 CSE 0433 


Phipps 


1 2/09/98 


98 CSE 0449 


Mann 


07/15/98 


98 CSE 0469 


Gray 


11/09/98 


98 CSE 0483 


Reilly 


10/06/98 


98 CSE 0506 


Chess 


07/20/98 


98 CSE 0555 


Smith 


08/07/98 


98 CSE 0556 


Becton 


06/23/98 


98 CSE 0560 


Chess 


07/29/98 


98 CSE 0561*" 


Phipps 


09/23/98 


98 CSE 0562*" 


Phipps 


09/23/98 


98 CSE 0569 


Mortison 


08/06/98 


98 CSE 0578 


Grav 


10/08/98 


98 CSE 0607 


Smith 


06/22/98 


98 CSE 062 1 


Smith 


02/15/99 


98 CSE 0653 


Mann 


08/26/98 


98 CSE 0658 


Phipps 


08/31/98 


98 CSE 0682 


Smith 


06/22/98 


98 CSE 0689 


Owens 


09/18/98 


98 CSE 0691 


Owens 


10/09/98 


98 CSE 0728 


Smith 


09/17/98 


98 CSE 0769 


Becton 


07/30/98 


98 CSE 0783 


Chess 


09/08/98 


98 CSE 081 7 


Mann 


09/08/98 


98 CSE 08 18 


Mortison 


09/15/98 


98 CSE 0833 


Owens 


07/29/98 


98 CSE 0867 


Phipps 


07/20/98 


98 CSE 0869 


Reilly 


08/06/98 


98 CSE 0894 


Smith 


08/20/98 


98 CSE 0949 


Smith 


09/08/98 


98 CSE 0975 


Chess 


09/01/98 



PI BLISHED DECISION 
REGISTER CITATION 



1707 



NORTH CAROLINA REGISTER 



April I, 1999 



CONTESTED CASE DECISIONS 



AGENO 

Amanda F Haviland Blount v Department of Health & Human Sen ices 

Denilra Jeffries v Depanment of Health & Human Services 

Brsan L Barksdale v Depanment of Health & Human Services 

Cleatus Dean Cuthbertson v Department of Human Resources 

Cleatus Dean Cuthbertson v Department of Human Resources 

Karen Mitchell v Department of Human Resources 

Roberts Willettv Department of Health & Human Sei^'ices 

Judi Devlin v Department of Health & Human Services 

Issac L Huey \ Depanment of Health & Human Services 

Curtis T Brown v Department of Health & Human Services 

Rafael L Garcia v Department of Human Resources 

David Chisolm v Department of Human Resources 

Robert McKoy v Department of Health & Human Services 

Marc R McGahee \ Department of Human Resources 

Solomon Freeman v Department of Human Resources 

BillG Seamans V Scotland Ct\ Child Sup Enf -Scotland Count> DSS 

Nelson Lee Allen v Depanment of Human Resources 

Michael JetTerson v Department of Health & Human Services 

Keith Jerome Greene Jr \ Department of Human Resources 

Demck M Mallet> v Department of Human Resources 

David W Autrv \ Department of Human Resources 

Cleveland TerT> \ Department of Human Resources 

Tony Mitchell Guion v Department of Health & Human Services 

Curtis M Threatt \ Depanment of Health & Human Services 

Tern L Dedie v Department of Human Resources 

Michael Lashawn McLaunn \ Department of Human Resources 

Jeffrey Navares \ Depanment of Human Resources 

Larrv C William v Department of Health & Human Services 

Joseph R Engelbrecht V Depanment of Health & Human Services 

Antonio M Townsend v Depanment of Health & Human Serv ices 

Sammy Ray Smith v Depanment of Health & Human Services 

Karlos M Oregon % Depanment of Human Resources 

Man'in C flpchurch v Department of Human Resources 

Vince E Green \ Department of Human Resources 

Mark Ste\ en Goodwin \ Department of Human Resources 

Erick A L White \ Department of Human Resources 

William R Cameron V Depanment of Human Resources 

Dennis M McDonalds Department of Human Resources 

James Otis Masters \ Depanment of Human Resources 

Paul R Simon v Depanment of Human Resources 

Vandi Feika v Department of Health & Human Services 

Barnard Jordan \ Depanment of Human Resources 

Milton Jerome McNeil v Department of Human Resources 

Grady Harold Reasor v Department of Human Resources 

AlejoJ Heller \' Depanment of Human Resources 

Kenneth J Cume v Department of Human Resources 

Ronnie F Davis v Department of Health & Human Services 

Paul Monroe Covington \ Depanment of Health & Human Sen ices 

Vernon Reginald Pmkney v Depanment of Health & Human Senices 

Eugene B Patton III v Department of Human Resources 

Thomas Graham. Jr v Department of Health & Human Senices 

Douglas L Law \ Depanment of Human Resources 

Vernon Mclver v Depanment of Human Resources 

Gerald Pendergrass \ Department of Human Resources 

Terain Bordley \ Department of Human Resources 

James Calvin Price Jr \ Department of Human Resources 

Leon McNair \ Department of Human Resources 

Manin Lee v Department of Human Resources 

Harold S Fairbank \ Department of Human Resources 

Harr\ C Rone Jr v Depamnent of Human Resources 

Cesar A Hernandez v Department of Health & Human Senices 

Carlton J Hicks v Depanment of Human Resources 

Ronald E Davis Jr v Department of Human Resources 

Jeffep. John Bissonnette \ Depanment of Health & Human Senices 

Clarence A Edens. Jr v Department of Health & Human Senices 

Douglas Sanders v Department of Human Resources 

Travis Lamont Stevenson v Depanment of Human Resources 

Edward T Stanley \ Depanment of Human Resources 

Jada Ballard v Department of Human Resources 

Reginald Mcher v Depanment of Human Resources 

Timothy F Arnold. Sr \ Department of Human Resources 

Michael Doran Horton v Department of Human Resources 

Mia Marisa Gionzales-Sisk v Department of Human Resources 

Claude A Ma\sev Depanment of Human Resources 



CAJ 


E 




DATE OF 


PI BLISHED DECISION 


MMBER 


ALJ 


DECISION 


REGISTER ( ITATION 


98 CSE 0985 


Mann 


11/18/98 




98CSE 


1036 


Morrison 


09/15/98 




98 CSE 


1052 


Monison 


10/09/98 




98 CSE 


lo?:*'" 


Phipps 


01/21/99 




98 CSE 


1073*'" 


Phipps 


01/21/99 




98 CSE 


1095 


Reillv 


10/06/98 




98 CSE 


1153 


Chess 


11/19/98 




98 CSE 


1177 


Gray 


12/29/98 




98 CSE 


1301 


Owens 


12/11/98 




98 CSE 


1311 


Phipps 


01/22/99 




98 CSE 


1353 


Reilly 


01/22/99 




98 CSE 


1369 


Smith 


01/22/99 




98 CSE 


1371 


Chess 


02/08/99 




98 CSE 


1381 


Gray 


02/01/99 




98 CSE 


1389 


Monison 


02/01/99 




98 CSE 


1391 


Phipps 


12/09/98 




98 CSE 


1407 


Smith 


02/24/99 




98 CSE 


1408 


Chess 


01/19/99 




98 CSE 


1417 


Gray 


02/10/99 




98 CSE 


1420 


Monison 


02/01/99 




98 CSE 


1422 


Owens 


03/03/99 




98 CSE 


1424 


Phipps 


01/14/99 




98 CSE 


1434 


Chess 


12/28/98 




98 CSE 


1447 


Phipps 


12/18/98 




98 CSE 


1458 


Smith 


01/19/99 




98 CSE 


1459 


Mann 


02/19/99 




98 CSE 


1461 


Gray 


02/10/99 




98 CSE 


1469 


Momson 


02/09/99 




98 CSE 


1472 


Owens 


01/05/99 




98 CSE 


1473 


Phipps 


01/14/99 




98 CSE 


1474 


Reilly 


12/18/98 




98 CSE 


1 507 


Smith 


02/09/99 




98 CSE 


1 508 


Mann 


01/26/99 




98 CSE 


1 509 


Chess 


02/01/99 




98 CSE 


1510 


Gra\ 


02/10/99 




98 CSE 


1511 


Mann 


02/19/99 




98 CSE 


1512 


Gra> 


01/25/99 




98 CSE 


1513 


Momson 


01/26/99 




98 CSE 


1514 


Owens 


02/09/99 




98 CSE 


1515 


Phipps 


02/09/99 




98 CSE 


1516 


Reilly 


03/02/99 




98 CSE 


1517 


Smith 


02/12/99 




98 CSE 


1518 


Mann 


02/19/99 




98 CSE 


1519 


Chess 


02/01/99 




98 CSE 


1520 


Gray 


02/10/99 




98 CSE 


1521 


Mann 


02/19/99 




98 CSE 


1 523 


Owens 


12/29/98 




98 CSE 


1524 


Phipps 


02/09/99 




98 CSE 


1547 


Reilly 


02/19/99 




98 CSE 


1548 


Smith 


01/26/99 




98 CSE 


1 550 


Chess 


03/03/99 




98 CSE 


1552 


Mann 


02/19/99 




98 CSE 


1559 


Reilly 


02/19/99 




98 CSE 


1570 


Gray 


01/22/99 




98 CSE 


1571 


Mann 


02/19/99 




98 CSE 


1572 


Monison 


02/18/99 




98 CSE 


1573 


Owens 


02/11/99 




98 CSE 


1574 


Phipps 


02/19/99 




98 CSE 


1575 


Reilly 


02/19/99 




98 CSE 


1576 


Smith 


01/25/99 




98 CSE 


1580 


Mann 


01/13/99 




98 CSE 


1587 


Owens 


02/25/99 




98 CSE 


1589 


Reilly 


01/26/99 




98 CSE 


1591 


Mann 


03/01/99 




98 CSE 


1602 


Chess 


03/03/99 




98 CSE 


1606 


Mann 


01/26/99 




98 CSE 


1609 


Phipps 


01/28/99 




98 CSE 


1610 


Reilly 


03/02/99 




98 CSE 


1614 


Gray 


02/10/99 




98 CSE 


1629 


Momson 


02/11/99 




98 CSE 


1630 


Owens 


03/03/99 




98 CSE 


1631 


Phipps 


03/05/99 




98 CSE 


1632 


Reilly 


02/02/99 




98 CSE 


1642 


Owens 


03/03/99 





13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1708 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
MMBER 



AU 



DATE OF 
DECISION 



PI BLISHED DECISION 
REGISTER CITATION 



Terain Bordley v Department of" Human Resources 

Qua' Aaron Rich v Department of Human Resources 

Robert E L Heck \ Department of Health & Human Services 

Sandra Ferrell v Department of Health & Human Services 

Bobb\ I, Mills V Department of Human Resources 

Victor Cortez McLendon \ Department of Human Resources 

Anthon\ McRae v Department of Human Resources 

Dennis Warren Fverson v Department of Health & Human Services 

Albertus Shau v Department of Health & Human Services 

Charles Anthony Jacobs v Department of Human Resources 

Johnns Richardson v Department of Human Resources 

Patricia Chambers v Department of Human Resources 

Vickie E Lane V Michael L Adams, Department of Human Resources 

Caria P Robinson v Department of Human Resources 

Rachel D Farmer v Department of Health & Human Services 

Janice Scott Padgett (Fisher) \ Department of Human Resources 

Barbara Fanta-Blandine v Department of Human Resources 

Sharon Bnm v Department of Health & Human Services 

Karen White v Department of Human Resources 

Sherry L Hampton \ Department of Human Resources 

Terita M Sharpe \ Department of Human Resources 

Shensse Stancel Kelly v Department of Human Resources 

Melanie D Nickerson v Department of Health & Human Services 

Ruth McFadden v Department of Human Resources 

Division of Women 's and Children 's Health 

Khamis A Sirhan v DHHS. Women's/Children's Health. Nutrition Svcs 
Joseph A Navvas \ DHHS. Women's/Children's Health. Nutrition Svcs 
Mohamad I Rahman v DHHS, Womens/Childrens HIth, Nutr Svcs Sect 
Evelyn Powell v Nutrition Services Section 

HIMAN RELATIONS COMMISSION 

NC Human Relations Comm F\ Rel Clarice Dial v Dixie Lee Newsome. 
Jetti Lee. Jackie Lee and Ervvin Judd 



JUSTICE 

James Todd Tippet ' 



NC Company Police Program 



98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
98CSE 
96 DCS 

96 DCS 

97 DCS 
97 DCS 
97 DCS 
97 DCS 

97 DCS 

98 DCS 
98 DCS 
98 DCS 
98 DCS 
98 DCS 
98 DCS 



1643 
1651 
1660 
1661 
1663 
1664 
1682 
1683 
1701 
1714 
1731 
1944 
2105 
0124 
0251 
1219 
I486 
1574 
0053 
0257 
0468 
0508 
0593 
0675 



98DHR0219 
98 DHR 0637 
98 DHR 0923 
98 DHR 1135 



98HRC 1063 



Alarm Systems Licensing Board 

Claude Dav id Muggins v Alarm Systems Licensing Board 
Jay Michael Ratcliff v Alarm Systems Licensing Board 
Robert Derek Ross \ Alarm Systems Licensing Board 
Randy Keith Barr v Alarm Systems Licensing Board 
Barry D Lyman v Alarm Systems Licensing Board 

Auctioneer Licensing Board 

Wilev R lyndall v Auctioneer Licensing Board 
Gavin Haviv .^badl v Auctioneer Licensing Board 

Education and Training Standards Division 

Thomas Dvvayne Brovvn v Sheriffs' Education & Training Standards Comm 
Kenneth Joseph Jackson v Sheriffs' Education & Training Standards Comm 
Odis Fitzgerald Darden v Sherifts' Education & Training Standards Comm 
Hoyle Kenneth Wise. Jr v ShentTs' Education & Training Standards Comm 
Kenneth Earl Brantlev \ Criminal Justice Ed & Training Stds Comm 
Hearl Oxendme v Criminal Justice Education & Training Stds Comm 
James Fartell Roberts v Criminal Justice Education & Training Stds Comm 
Phillip Keith McPherson v Shenfls' Education & Training Standards Comm 
Dary 1 LaMar Bryant v Shenfls' Education & Training Standards Comm 
Harold F Esters \ Shenfls' Education & Training Standards Comm 
William Scott Key v Sheriffs' Education & Training Standards Comm 
Cecil W Duke. Jr v Criminal Justice Education & Training Stds Comm 
Mai-vin Shertiel Clark v Department of Cortection 
and 
Marvin S Clark v Criminal Justice Ed & Training Stds Comm 
Amado Martinez v Criminal Justice Education & Training Stds Comm 
Johnny Wayne Wills v Cnminal Justice Education & Training Stds Comm 
James E Ellerbe v ShentTs' Education & Training Standards Comm 
Paul Harvey Taylor v DOJ. Criminal Justice Ed & Training Stds Comm 
Kenneth Joseph Jackson v Sheriffs' Education & Training Standards Comm 
Kelly Suzanne Mayberry v Sheriffs' Education & Training Stds Comm 
Sharon Dav Herring v Sheriffs' Education & Training Stds Comm 
Robert Ryan Hardison v Sheriffs' Education & Training Standards Comm 
Tracey Jerome Clark v SheriflV Education & Training Standards Comm 



Phipps 

Smith 

Gray 

Mann 

Mann 

Mortison 

Reilly 

Smith 

Mortison 

Phipps 

Smith 

Mann 

Gray 

Reillv 

Phipps 

Smith 

Morrison 

Gray 

Chess 

Morrison 

Morrison 

Mann 

Gray 

Reiily 



Reilly 
Phipps 



Chess 
Smith 



Smith 



97 DOJ 1368 


Phipps 


98 DOJ 0871 


Morrison 


98 DOJ 1 345 


Owens 


98 DOJ 1494 


Mortison 


98 DOJ 1495 


Smith 


98 DOJ 1496 


Smith 


97 DOJ 1236 


Phipps 


98 DOJ 1060 


Smith 


97 DOJ 1319 


Phipps 


97 DOJ 1578*' 


Grav 


97 DOJ 1698 


Reillv 


98 DOJ 0022 


Smith 


98 DOJ 0046 


Grav 


98 DOJ 0121 


Smith 


98 DOJ 0147 


Smith 


98 DOJ 0388 


Reillv 


98 DOJ 0430 


Gray 


98 DOJ 0431 


Grav 


98 DOJ 0432 


Becton 


98 DOJ 0479 


Chess 


98 DOJ 0491 •'" 


Phipps 


98 DOJ 0526 


Mortison 


98 DOJ 0574 


Chess 


98 DOJ 0600 


Mortison 


98 DOJ 0841 


Phipps 


98 DOJ 0847'*' 


Grav 


98 DOJ 0875 


Chess 


98 DOJ 0877 


Mann 


98 DOJ 0878 


Phipps 


98 DOJ 0879 


Owens 



03/05/99 
02/24/99 
02/10/99 
03/01/99 
01/20/99 
03/04/99 
02/09/99 
02/1 1 '99 
01/05/99 
01/19/99 
02/02/99 
01/26/99 
07/08/98 
11/10/98 
08/31/98 
07/29/98 
06/22/98 
08/04/98 
12/14/98 
12/01/98 
06/09/98 
12/16/98 
01/19/99 
07/15/98 



08/11/98 
07/02/98 
11/06/98 
11/13/98 



01/21/99 



09/10/98 



07/09/98 
11/19/98 
12/10/98 
02/05/99 
12/16/98 



07/24/98 
10/21/98 



07/29/98 
08/20/98 
06/12/98 
07/14/98 
11/04/98 
06/22/98 
07/16/98 
07/24/98 
07/21/98 
08/21/98 
06/08/98 
10/07/98 
01/08/99 



09/09/98 
07/30/98 
08/07/98 
09/16/98 
08/20/98 
11/13/98 
12/30/98 
09/08/98 
08/31/98 



13 16NCR 1369 



13 11 NCR 935 



i 



1709 



NORTH CAROLINA REGISTER 



April LI 999 



CONTESTED CASE DECISIONS 



AGENCY 

Berrv' Bernard Baker v Criminal Justice Ed & Training Standards Comm 
E\elyn D Brown v Sheriffs' Education & Training Stds Comm 
Kevin Lamar Dorsey v Sheriffs' Education & Training Standards Comm 
Willoughhs McCormick. Jr v Sheriffs' Ed & Training Standards Comm 
Herman Lee Colvin v Sheriffs' Ed & Training Standards Comm 
Ronald Hosea Hodge v Criminal Justice Ed & Training Standards Comm 
MeUin Garfield Smith \ Criminal Justice Ed & Training Stds Comm 
Paul Harvey Tayloi v Criminal Justice Ed & Training Stds Comm 
Teresa Shaundell Hunt v Criminal Justice Ed & Training Stds Comm 
Phillip K McPherson \ Sheriffs' Education & Training Standards Comm 
Frankie Arlene Fisher v Sheriffs' Ed & Training Standards Comm 
Floyd Lee Hatch \ Criminal Justice Ed & Training Stds Comm 
Tame L Reid v Criminal Justice Ed & Training Stds Comm 

Private Protective Services Board 
Wa\'ne Carey \ Pri\'ate Protective Services Board 
Claims Verification. Inc v Private Protective Services Board 
Walter R Shirer \ Private Protective Sen ices Board 
Stacey L Williams v Private Protective Services Board 
Eugene Norman Garrett v Private Protective Serv ices Board 
G Russell Smith v Private Protective Services Board 
David C Brisson v Private Protective Services Board 
Danny Charles Garrett v Private Protective Services Board 
David C Truesdale \ Private Protective Services Board 
Dennis Ra\ Hyatt \ Private Protective Services Board 
Alfred D Malson \ Private Protective Services Board 
Rodnev Hamilton Marsh v Private Protective Services Board 
Melvin Eugene Davis v Private Protective Services Board 
Glen Leon Fitchette v Private Protective Services Board 
Arvin Itwaru \ Private Protective Services Board 
William Pope v Private Protective Services Board 

LABOR 

Hildreth Mechanical & Maintenance v Labor/Labor Standards 
Labor World. Eric Feinstein v Labor Harry E Payne. Jr 

BOARD OF MEDICAL E.XAMINERS 

Joe D Crawford. M D v Medical Bd ofNC Bd ofMedical Examiners 

Pl'BLIC INSTRICTION 

Linda & Dannv Howard for Nikki Howard v Lenoir Ctv Bd of Ed 
George & Ruth Sinclair lor Adam Sinclair v Wake County Schools 

(Special Education Services) 
Nicholas Eirschele. By and Throught His Parents. Charles & Kathleen 

Eirschele v Craven Counrv Board of Education 
Dewitt Brinson & Elizabeth Brinson v Craven County Board of Education 
Gene Edward Llovd v Department of Public Instruction 
Joseph Hughey Bamnger V Dr Michael Ward. Dept of Public Instruction 
Mrs Phyllis Y Moore v Cumberland County Schools 
Laney Bruce Hamll v State Board of Education 

L K on behalf of her son. J H . as well as on her own behalf v St Bd /Ed 
Joseph J Sarrerro v Department of Public Instruction 
ME and her husband. PE . individually, and on behalf olTheir son. C E 
Bd of Ed for Buncombe Ctv a/k/a Buncombe Cfv Public Schools, et al 

STATE BAR 

Linda R Sharp v North Carolina State Bar 

Reginald L Frazier v NC St Bar Disc Hearing Comm . NC St Bar CncI 

STATE PERSONNEL 

Department of Administration 

David Gngsbv v NC Commission of Indian Affairs 

Department of Agriculture 

William T McClelland V Department of Agriculture 
William T McClelland V Department of Agriculture 

Community Colleges 

Dr William R Strickland v NC Community College System 

Department of Correction 

\nrie D Dizon v NC Correctional ilnst ) Center for Women 
Terry T Rees v Depanment of Correction 



CASE 




DATE OF 


PI BLISHED DE( ISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


98 DOJ 0907 


Mann 


01/15/99 




98 DOJ 0922 


Mann 


12/22/98 




98 DOJ 0930 


Phipps 


09/22/98 




98 DOJ 1 007 


Reilly 


10/13/98 




98 DOJ 1 008 


Smith 


01/07/99 




98 DOJ 1058 


Smith 


01/08/99 




98 DOJ 1059 


Gray 


01/04/99 




98 DOJ 1125 


Phipps 


12/30/98 




98 DOJ 1 308 


Gray 


02/10/99 




98 DOJ 1 360 


Gray 


01/28/99 




98 DOJ 1421 


Chess 


01/06/99 




98 DOJ 1441 


Reillv 


02/10/99 




98 DOJ 1623 


Chess 


01/13/99 




98 DOJ 0619 


Owens 


11/19/98 




98 DOJ 0848 


Smith 


08/04/98 




98 DOJ 0937 


Morrison 


09/17/98 




98 DOJ 0938 


Morrison 


08/18/98 




98 DOJ 0939 


Morrison 


08/18/98 




98 DOJ 0940 


Owens 


11/19/98 




98 DOJ 0941 


Owens 


11/19/98 




98 DOJ 1081 


Morrison 


09/17/98 




98 DOJ 1082 


Morrison 


12/10/98 




98 DOJ 1 1 39 


Owens 


11/19/98 




98 DOJ 1141 


Morrison 


09/29/98 




98 DOJ 1142 


Owens 


11/04/98 




98 DOJ 1145 


Morrison 


09/22/98 




98 DOJ 1307 


Owens 


11/03/98 




98 DOJ 1 493 


Morrison 


12/10/98 




98 DOJ 1 748 


Morrison 


02/09/99 




98 DOE 0903 


Mann 


11/04/98 




98 DOE 1256 


Gray 


11/05/98 




98BME0870 


Owens 


07/30/98 




97EDC 1047 


Gray 


10/30/98 




97EDC 1233 


Phipps 


08/11/98 




97EDC 1234 


Phipps 


07/16/98 




97EDC 1298 


Phipps 


10/26/98 




98EDC0I10 


Reilly 


09/10/98 




98EDC0127 


Mann 


01/14/99 




98 EDC 0305 


Gray 


08/05/98 




98 EDC 0350 


Smith 


09/17/98 




98 EDC 0370 


Smith 


10/14/98 




98 EDC 0459 


Owens 


08/10/98 




98 EDC 0566 


Grav 


10/01/98 





98 BAR I 344 

99 BAR 0204 



Morrison 
Owens 



11/09/98 
03/08/99 



98 OSP 0428 


Morrison 


12/14/98 


98OSP1405*-' 


Reilly 


02/17/99 


98 OSP 1536*-' 


Reilly 


02/17/99 


98 OSP 1305 


Gray 


12/07/98 


97 OSP 0166 


Mann 


11/06/98 


97 OSP 1671*' 


Smith 


06/30/98 



13:19 



NORTH CAROLINA REGISTER 



April 1, 1999 



1710 



CONTESTED CASE DECISIONS 



AGE^c^ 



CASE 
Nl MBER 



AU 



DATE OF 
DECISION 



PI BLISHED DECISION 
REGISTER CITATION 



Mohammad H Baloch. M D v Department of Correction 

Leon Owens v Department ot Cortection 

Tern. T Rees v Department of Correction 

Michael A Smith v Department ot Cortection 

Michael A Smith v Department of Cortection 

Jayne D Bledsoe v Correction, Div of Adult Probation & Parole 

David Spencer Nortis v Correction. Div of Adult Probation & Parole 

Carl W Craven. II v Pender Cortectional Institution 

Ers in Shau v Martin Homer Asst Super . Corr . Sands Ridge Cort Ctr 

Joseph Szilagii v Department of Cortection 

Dennis S Hartell v Dept of Cortection. Caledonia Cortectional Institute 

Tommy L Hancock v Department of Cortection 

Tommy L Hancock v Department of Cortection 

Bertha Darden v Raymond Smith & Dept of Cortection, Central Prison 

Robert C Lovvder \ Brown Creek Cortectional Institution 

Ruth Moselev % Department of Cortection 

Lamont M Burt v Department of Cortection 

Mark Murphy v Cortection. Div of Adult Probation & Parole 

Leo Powell v Harnett Cortectional Institute. Department of Cortection 

Amos Boone v Department of Cortection 

Nona W Hubbard v DOC. Duision of Communm Cortections 

Robert R Stovall v Department of Cortection 

Harold Keith Hamm v Dept of Cortection Enterprtse/Personnel Off 

Joseph A Hartell v Cortection. Div of Adult Probation & Parole 

Bunny M Poindexter v Department of Cortection. McCain Hospital 

Deborah Griffin v Warren Cortectional Institution. Mr Smiley 

Lonnie F McCaskill. Ill v Department of Cortcction 

Br>ant K Peterson \ Todd Pinion. Piedmont Cort Inst . Asst Sup 

Crime Control and Public Safety 

Roger D Davis \ Crime Control & Public Safet\. St H\\> Patrol 
Albert R Little v Crime Control & Public Safet>. Into Sss Specialists 
Charles A Lindquist v Crtme Control & Public Safety. NC Hwy Patrol 
Charles A Lindquist v Crime Control & Public Satet\. NC Hw\ Patrol 
Terry L Putman \ Crime Control & Public Safety. State Hw\ Patrol 
Thomas E Carlton \ Crime Control & Public Safety. St Hwy Patrol 

Eastern North Carolina School for the Deaf 

Cathv A Lancaster \ Eastern North Carolina School for the Deaf 



98OSP0014 
98 OSP 0050 
98OSP0119*' 
98 OSP 023 1»" 
98OSP0317*" 
98 OSP 0543 
98 OSP 0572 
98 OSP 0633 
98 OSP 0671 
98 OSP 0757 
98 OSP 0846 
98 OSP 0881 
98 OSP 0882 
98 OSP 0905 
98 OSP 0984 
98 OSP 1092 
98 OSP 1115 
98 OSP 1155 
98 OSP 1175 
98 OSP 1188 
98 OSP 1214 
98 OSP 1282 
98 OSP 1409 
98 OSP 1411 
98 OSP 1 566 
98 OSP 1583 
98 OSP 1597 
98 OSP 1787 



97 OSP 061 7 

97 OSP 1157 

98 OSP 01 70 
98 OSP 0341 
98 OSP 0489 
98 OSP 0919 



98 OSP 0482 



Gray 

Becton 

Smith 

Reilly 

Reilly 

Owens 

Gray 

Smith 

Phipps 

Owens 

Mortison 

Owens 

Owens 

Smith 

Owens 

Gray 

Smith 

Mann 

Owens 

Smith 

Owens 

Phipps 

Gray 

Gray 

Smith 

Chess 

Mortison 

Owens 



Chess 

Mortison 

Gray 

Gray 

Mortison 

Phipps 



Gra\ 



09/01/98 
07/10/98 
06/30/98 
08/11/98 
08/11/98 
07/29/98 
12/18/98 
06/25/98 
10/09/98 
10/05/98 
09/08/98 
08/04/98 
10/09/98 
09/25/98 
12/02/98 
10/07/98 
10/06/98 
12/21/98 
11/25/98 
12/15/98 
1 0/27/98 
10/26/98 
12/16/98 
12/11/98 
02/09/99 
01/07/99 
02/16/99 
02/15/99 



05/27/98 
07/22/98 
01/22/99 
01/22/99 
02/26/99 
09/24/98 



11/30/98 



13 18 NCR 1592 



Employment Security Commission 

Jane B Bolin and Arlene G Sellers v Employment Security Commission 
Jane B Bolin and Arlene G Sellers v Employment Security Commission 

Environment and Natural Resources 

Charles Anthony Bruce v ENR. Division of Parks and Recreation 

Patrick K W Howie v Department of Environment and Natural Resources 

Health and Human Ser\'ices 

Velma Harper \ Dept of Health & Human Services. Caswell Center 

Annette Honea v Department of Human Resources 

William DaMd Simpson v Macon County Board of Health 

Angela M Miles \ Cumberland County Department of Social Senices 

Shung Fung-Chin v Department of Human Resources. Caswell Center 

Walker Cannon \ DHR/Caswell Center 

Charity Swick v Cumberland Count\ Department of Social Services 

Yolandra Best and Roy Hud.son v DHHS. John Umstead Hospital 

Yolandra Best and Roy Hudson v DHHS. John Umstead Hospital 

Donald Ray Ebron v Department of Human Resources 

Kenneth Dippel v Columbus County Dept of Social SerMces 

Fred Foster Jr v Department of Health and Human Services 

Donald Ray Ebron v Department of Human Resources 

Shung Fung-Chin \ Department of Human Resources. Caswell Center 

Ruth Holroyd v Montgomer\ Ct> DSS. Children's Services 

Tilda D Whitakerv Nash Counts Health Department Board of Directors 

Fred Foster. Jr v Department of Health and Human Services 

James W Crews v DHHS. Murdoch Center 

Patricia R Quick v DHHS. Dorothea Dix Hospital 

Angela M Miles v Cumberland County Department of Social Sen. ices 

Delores Laveme Rich v Health & Human Services. Dorothea Di\ Hosp 



97 OSP 1122 ' 
97 OSP 1134*' 



98 OSP 0240 
98 OSP 1240 



96 OSP 

96 OSP 

97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 
97 OSP 

97 OSP 

98 OSP 
98 OSP 
98 OSP 
98 OSP 



0109 

0833 

0167 

0613*- 

0638*'" 

0731 

0775 

0862*" 

0863*" 

0881*" 

0905 

1287*'= 

1406*" 

1530*'" 

1586 

1665 

1701*'= 

0060 

0061 

0084*' 

0120 



Chess 
Chess 



Reilly 
ReilK 



Chess 

Chess 

Chess 

Gray 

Chess 

Phipps 

Gray 

Chess 

Chess 

Phipps 

Gray 

Smith 

Phipps 

Chess 

Smith 

Gray 

Smith 

Gray 

Becton 

Gray 

Gray 



06/02/98 
06/02/98 



06/08/98 
02/11/99 



02/02/99 
08/24/98 
01/27/99 
07/10/98 
08/13/98 
11/30/98 
07/10/98 
08/13/98 
08/13/98 
02/09/99 
11/09/98 
08/20/98 
02/09/99 
08/13/98 
05/27/98 
12/02/98 
08/20/98 
07/20/98 
07/16/98 
07/10/98 
07/08/98 



13 17 NCR 1488 



13:02 NCR 257 



Consolidated Cases. 



«] 



1711 



NORTH CAROLINA REGISTER 



April I, 1999 



CONTESTED CASE DECISIONS 



AGENC\ 

Hlwin C Munson \ Health & Human Senices, Juvenile Evaluation Center 

Fred Foster. Jr v Department of Health and Human Sen ices 

Jackie M Sinclair v Duplin-Sampson Area Mental Health DD. SAS 

David A Kilpatnck \ Health & Human Ser\ ices, Casuell Center 

Fred Foster Jr v Department of Health and Human Sen ices 

Laura Blanton \ Clexeland Center 

Anthonv M Ruiz \ Department of Health & Human Svcs. Youth Svcs 

Rudolph Waters \ DHHS, Youth Senices. Dobbs School 

Euvvell Falconer \ Karen A Andrews. Gaston-Lmcoln Area Mental Health 

JctTrey L Williams v Dorothea Dix Hospital 

Delores Laveme Rich \ DHHS. Dorothea Di\ Hospital 

Barbara Jean Paquette v Durham Countv (respondeat superior for the 

Durham Countv Public Libran. ) 
Lmda Paige \ Center Point Human Senices Forsvlh Menial Health 

Forsyth Industrial Systems 
Stanley K Strong v Jimmy Summen ille, Dobbs School, ^oulh Svcs 
Derrick Skinner v Health & Human Senices. Cherry Hospital 
Kelvin J Leeks v Cumberland Ct\ Mental Health & Sub Abuse Facility 
Paul L Long s Department of Health & Human Senices 
Laurie k Smith v Cabbarrus County Department of Social Services 

Deparlmeni of Insurance 

Patricia Casey Rollins v Department of Insurance 

Department of Justice 

Linda Margaret Koss v State Bureau of Investigation 
Marvin Sherriel Clark v Department of Correction 
and 
Manin S Clark v Criminal Justice Ed & Traininc Stds Comm 



(ASE 




DATE OF 


PI BLISHED DECISION 


M MBER 


ALJ 


DECISION 


REGISTER (ITATION 


QSOSPOUO 


Phipps 


10/28/98 




98OSP0187»' = 


Smith 


08/20/98 




ci8 OSP 025: 


Smith 


12/31/98 




98OSP0271 


Owens 


08/13/98 




98 OSP 0403*'- 


Smith 


08/20/98 




98 OSP 0453 


Smith 


10/02/98 




98 OSP 0454 


Gra\ 


06/04/98 




98 OSP 0474 


Morrison 


07/30/98 




98 OSP 0538 


ReilK 


08/06/98 




98 OSP 0595 


Becton 


07/22/98 




98 OSP 0763 


Gra\ 


12/02/98 




98 OSP 0765 


Morrison 


08/05/98 




98 OSP 08 19 


Smith 


1 1 /05/98 




98 OSP 1017 


Gra\ 


1 2/07/98 




98 OSP 1035 


Gra\ 


09/21/98 




98 OSP 1037 


Morrison 


02/11/99 




98 OSP 1202 


Owens 


12/16/98 




98 OSP 1617 


Reilly 


03/03/99 




95 OSP 0729 


Chess 


12/14/98 




97 OSP 01 89 


Chess 


08/14/98 




98 OSP 0300*'" 


Phipps 


01/08/99 





Department of Public Instruction 

Lillie Bumette Pearsall v Wayne Cty 
Mr Steve Tavlor 



Bd of Ed , Mrs Veda McNair and 



98 OSP 0944 



Smith 



08/25/98 



Secretary- of State 

Jonathan M Demers v Department of Secretary of State 

Department of Transportation 

Pasquale Vendettuoli v Department of Transportation 

Johnny O Shi\ar\ Department of Transportation 

Teresa G Mitchell v Department of Transportation 

Larry W' Davis v Department of Transportation 

Sherry Lynn Noles v Department of Transponation-NCDMV 

Clarice Goodwin Arthur v Department of Transportation. Femes Division 

Robert L Swinneyv Department of Transportation 

Carolyn J Pamell v Department of Transportation 

University of North Carolina 

Joseph A Bryant v North Carolina A & T University 

Joseph A Bryant v North Carolina A & T University 

Douglas Love, Jr v UNC Hospitals 

Deborah J Fenner v NC Central University 

Joyce M Smith v North Carolina Central University 

Edwin Swam v University of North Carolina at Chapel Hill 

Patricia A G Roberts v Asst /Chan /Qt> Mgmt./Dir Human Res UNCW 

Leo Watford. Roose\elt Pams. Claiborne Baker, et al \ University of 

North Carolina at Chapel Hill 
Johnny Johnson, Jr v A & T St University Student Union-Grievance Bd 
Jessie L Johnson v Bernard K Locklear. UNC at Pembroke 
Jonathan L Fann v North Carolina State University Physical Plant 
Greta M Hawthorne v University of NC at Pembroke 
Rohen W Brinson \ NC State LIniversm 
Alberta A Ingram-Peterson v NC Central University 
Leslie Wright v NC State University 
Thomas H Hastye, III v NC A & T State University 
Fred T Jackson v UNC-Charlotte Recreational Facilities 
Betty Parks v Winston Salem State University 
Ronnie Bell \ Dave Hillard, UNC at Charlotte 
Brenda D Moore v Atty Wanda Jenkins, Fayeneville St Universit\ 
Joseph Carroll Goodlake v UNCA 

ST.\TE TREASl RER 

Hugh A Wells v Consolidated Judicial Retirement System of NC. 
Bd of Trustees Teachers and State Employees' Retirement System 



97 OSP 1018 


Becton 


97 OSP 1 090 


Morrison 


97 OSP 1 366 


Reillv 


97 OSP 1 565 


Smith 


98 OSP 0241 


Gra\ 


98 OSP 0269 


Chess 


98 OSP 0864 


Phipps 


98 OSP 0969 


Gra\ 


98 OSP 1251 


Owens 


96 OSP 1698*'" 


Mann 


97 OSP 0242*'" 


Mann 


97 OSP 0662 


ReilK 


97 OSP 0902 


Chess 


97 OSP 1297 


Smith 


97 OSP 1694 


Morrison 


98OSP0178 


Phipps 


98 OSP 02.54 


Chess 


98 OSP 0299 


Owens 


98 OSP 0444 


Gra\ 


98 OSP 0465 


Becton 


98 OSP 0831 


Chess 


98 OSP 0887 


Owens 


98 OSP 1024 


Smith 


98 OSP 1088 


Smith 


98 OSP 1114 


Reillv 


98 OSP 1216 


Smith 


98 OSP 1278 


Chess 


98 OSP 1330 


Smith 


98 OSP 1 506 


Smith 


98 OSP 1535 


Phipps 


98DST0316 


Morrison 



07/07/98 



12/19/98 
09/01/98 
12/09/98 
07/08/98 
08/11/98 
09/24/98 
02/09/99 
03/01/99 



12/02/98 
1 2/02/98 
06/08/98 
05/29/98 
06/25/98 
07/31/98 
10/08/98 
07/17/98 

09/02/98 
09/29/98 
07/17/98 
09/11/98 
08/10/98 
10/14/98 
02/03/99 
12/30/98 
10/22/98 
11/25/98 
11/10/98 
01/25/99 
01/07/99 



06/05/98 



13 03 NCR 343 



JP^^ 



13 01 NCR 166 



NORTH CAROLINA REGISTER 



April I, 1999 



1712 



CONTESTED CASE DECISIONS 



Walter Williams V Bd of Trustees NC Local Gov Fmp Retirement Sys 
Alfred R Grooms v State Treasurer, Retirement S\ stems Division 



TRANSPORTATION 

David Warren Dew et al 



V Motor Vehicles. Alexander Killens Comm 



IFNIVERSITV OF NORTH CAROLINA 

Patricia D Hall v Llniversir\ ol North Carolina at Chapel Hill 
Ladonna P James v UNC Hospitals 
Joyceline Sellars v UNC Hospitals 



98DST0774 


Smith 


12/08/98 


98DST 1128 


Reilly 


03/05/99 


95 DOT 1 1 44 


Gray 


06/04/98 


98 UNC 0397 


Reillv 


08/20/98 


98 UNC 0591 


Becton 


07/20/98 


98 UNC 1113 


Smith 


10/22/98 



1713 



NORTH CAROLINA REGISTER 



April 1, 1999 



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